reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-240. "Common purchaser" - Discrimination in purchases prohibited - Regulation of purchases.

Every person, firm or corporation, now or hereafter engaged in the business of purchasing and selling natural gas in this state, shall be a common purchaser thereof, and shall purchase all of the natural gas which may be offered for sale, and which may reasonably be reached by its trunk lines, or gathering lines without discrimination in favor of one producer as against another, or in favor of any one source of supply as against another save as authorized by the Corporation Commission after due notice and hearing; but if any such person, firm or corporation, shall be unable to purchase all the gas so offered, then it shall purchase natural gas from each producer ratably. It shall be unlawful for any such common purchaser to discriminate between like grades and pressures of natural gas, or in favor of its own production, or of production in which it may be directly or indirectly interested, either in whole or in part, but for the purpose of prorating the natural gas to be marketed, such production shall be treated in like manner as that of any other producer or person, and shall be taken only in the ratable proportion that such production bears to the total production available for marketing. The Corporation Commission shall have authority to make regulations for the delivery, metering and equitable purchasing and taking of all such gas and shall have authority to relieve any such common purchaser, after due notice and hearing, from the duty of purchasing gas of an inferior quality or grade.
Added by Laws 1915, c. 197, § 5, emerg. eff. March 30, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-241. Enforcement of act - Hearings before Corporation Commission.

Any person, firm or corporation, or the Attorney General, on behalf of the state may institute proceedings before the Corporation Commission, or apply for a hearing before said Commission, upon any question relating to the enforcement of this act; and jurisdiction is hereby conferred upon said Commission to hear and determine the same, said Commission shall set a time and place when such hearing shall be had and give reasonable notice thereof to all persons or classes interested therein by publication in some newspaper or newspapers having general circulation in the state, and shall in addition thereto cause notice to be served in writing upon any person, firm or corporation, complained against in the manner now provided by law for serving summons in civil actions. In the exercise and enforcement of such jurisdiction said Commission is authorized to summon witnesses, make ancillary orders, and use such mesne and final process including inspection and punishment as for contempt, analogous to proceedings under its control over public service corporations as now provided by law.
Added by Laws 1915, c. 197, § 6, emerg. eff. March 30, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-242. Appeals to Supreme Court.

Appellate jurisdiction is hereby conferred upon the Supreme Court of this state to review the orders of said Commission made under this act. Such appeal may be taken by any person, firm or corporation, shown by the record to be interested therein, in the same manner and time as appeals are allowed by law from other orders of the Corporation Commission. Said orders so appealed from, may be superseded by the Commission or by the Supreme Court upon such terms and conditions as may be just and equitable.
Added by Laws 1915, c. 197, § 7, emerg. eff. March 30, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-243. Corporation Commission - Authority to make rules and regulations.

The Corporation Commission shall have authority to make regulations for the prevention of waste of natural gas, and for the protection of all natural gas, fresh water, and oil-bearing strata encountered in any well drilled for oil or natural gas, and to make such other rules and regulations, and to employ or appoint such agents, with the consent of the Governor, as may be necessary to enforce this act.
Added by Laws 1915, c. 197, § 8, emerg. eff. March 30, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-244. Pipeline companies - Acceptance of act as prerequisite to right to operate.

Before any person, firm or corporation shall have, possess, enjoy or exercise the right of eminent domain, right-of-way, right to locate, maintain, construct or operate pipelines, fixtures, or equipments belonging thereto or used in connection therewith, for the carrying or transportation of natural gas, whether for hire or otherwise, or shall have the right to engage in the business of purchasing, piping, or transporting natural gas, as a public service, or otherwise, such person, firm or corporation, shall file in the office of the Corporation Commission a proper and explicit authorized acceptance of the provisions of this act.
Added by Laws 1915, c. 197, § 9, emerg. eff. March 30, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-247. Violation - Penalties.

In addition to any penalty that may be imposed by the Corporation Commission for contempt, any person, firm or corporation, or any officer, agent or employee thereof, directly or indirectly violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, in a court of competent jurisdiction, shall be punished by a fine in any sum not to exceed Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail not to exceed thirty (30) days, or by both such fine and imprisonment.
Added by Laws 1915, c. 197, § 12, emerg. eff. March 30, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-248. Declaration of policy.

Whereas, agriculture constitutes one of the basic foundations of this state, and agricultural production in this state frequently is restricted and curtailed by reason of shortage of rainfall and could be increased and rendered more stable by irrigation, and, whereas, in many areas of the state in which surface water resources are inadequate to afford dependable and adequate sources of water for irrigation, there also exist ample subsurface reservoirs of water at such depths that they may be pumped successfully for irrigation only by use of an assured and adequate source of power, which is not available from commercial sources in rural neighborhoods, and, whereas, in many such areas there exist developed deposits of natural gas from which such power could be obtained, it is hereby declared and enacted that the use of natural gas on the premises from which it is produced to pump to the surface water to be used for irrigation on such premises is a preferred use, prior in order to all other uses which such gas may be devoted.
Added by Laws 1955, p. 283, § 1.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-250. Natural gas - Pumping of water for irrigation - Preferred use.

From and after the effective date of this act, every person owning or operating any well from which natural gas is produced, sold or used off the premises on which such well is located shall make available, from the production of such well, to the person or persons engaged in agricultural activities upon such premises, if requested to do so, sufficient gas for the operation of pumps necessary for the pumping of such amount of water, produced from wells on such premises, as may be necessary and proper for the irrigation of such portion of said premises as may be devoted to the growth of agricultural products or to pasture or orchard uses. Such gas shall be made available for such use in preference to any other use. The person at whose request the gas is furnished shall pay therefor a reasonable price, not less than the price at which the gas is sold at the wellhead, and the use shall be upon such reasonable terms and conditions as will safeguard the owner or operator of the well in his interests therein and in his off-premises market for the gas produced therefrom.
Added by Laws 1955, p. 284, § 3.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-251. Prices, terms and conditions - Determination.

The prices, terms and conditions upon which natural gas shall be made available under this act shall be determined by negotiation between the parties. In the event of their inability to agree as to any or all of such prices, terms and conditions, either party to the negotiation may apply to the Corporation Commission to fix the same. In reaching its determination, the Corporation Commission shall consider the necessity of the applicant for the gas for the purposes specified herein, the value of such gas and its components, the efficient operation of the wells of the producer of the gas, the obligations assumed by such producer in the sale or other disposition of such gas, and all other factors relevant to the effectuation of the policy and purposes of this act with justice to all concerned.
Added by Laws 1955, p. 284, § 4.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-252. Procedure - Appeals.

In all proceedings under this act, the procedure shall be that applicable to the proceedings of the Corporation Commission by general law, and appeals may be taken from its decisions to the Supreme Court of Oklahoma, in the same manner, and subject to the same restrictions and provisions, as are applicable to such appeals from the said Commission in other matters.
Added by Laws 1955, p. 284, § 5.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-253. Initiation of proceedings.

Proceedings before the Corporation Commission under this act may be brought individually by persons affected, or, in cases where the matters to be determined properly affect more than one tract or person, the persons in interest may join in initiating the proceeding or any such person may initiate the proceeding on behalf of himself and all persons similarly situated.
Added by Laws 1955, p. 284, § 6.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-254. Obligation of well operators.

Nothing in this act shall create in any manner an obligation or duty on the part of the operator of any well or wells who furnishes gas under the terms hereof to furnish gas for use off the premises from which it is produced or to assume in any way public utility duties to the public at large in respect to the gas produced from such well, except as such duties may arise from such operator's acts separate and apart from any performance of obligations imposed under this act.
Added by Laws 1955, p. 284, § 7.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-255. Controversies pending.

Pending the determination of any controversy before the Corporation Commission under this act, the owner or operator of the well or wells involved shall make available to the person entitled thereto natural gas, as prescribed by Section 3 hereof, on such temporary terms and conditions as the Corporation Commission may prescribe, by order or by general rule, subject to adjustment retroactively in accordance with the final order of the Commission.
Added by Laws 1955, p. 284, § 8.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-256. Penalties.

Any owner or operator of a well who fails to comply with any duty imposed by this act shall be liable to the person or persons aggrieved for all damages suffered as a result thereof, including any diminution in yield from said land which may arise from inability to irrigate the same because of or arising out of the failure to perform such duty.
Added by Laws 1955, p. 284, § 9.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-257. Order granting emergency relief.

The Oklahoma Corporation Commission shall issue an order determining the merits of any application for emergency relief relating to a conservation docket proceeding within thirty (30) days from the filing of the application. In the event the Commission issues an order granting emergency relief, the order shall be effective for a period not to exceed ninety (90) days.
Added by Laws 1992, c. 352, § 6, emerg. eff. June 4, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-272. Production and sale regulated - Corporation Commission, authority of.

The taking of crude oil or petroleum from any oil-bearing sand or sands in the State of Oklahoma at a time when there is not a market demand therefor at the well at a price equivalent to the actual value of such crude oil or petroleum is hereby prohibited, and the actual value of such crude oil or petroleum at any time shall be the average value as near as may be ascertained in the United States at retail of the by-products of such crude oil or petroleum when refined less the cost and a reasonable profit in the business of transporting, refining and marketing the same, and the Corporation Commission of this state is hereby invested with the authority and power to investigate and determine from time to time the actual value of such crude oil or petroleum by the standard herein provided, and when so determined said Commission shall promulgate its findings by its orders duly made and recorded, and publish the same in some newspaper of general circulation in the state.
Added by Laws 1915, c. 25, § 2, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-273. Waste defined - Regulations to prevent.

The term "waste" as used herein, in addition to its ordinary meaning, shall include economic waste, underground waste, surface waste, and waste incident to the production of crude oil or petroleum in excess of transportation or marketing facilities or reasonable market demands. The Corporation Commission shall have authority to make rules and regulations for the prevention of such wastes, and for the protection of all freshwater strata, and oil and gas bearing strata, encountered in any well drilled for oil.
Added by Laws 1915, c. 25, § 3, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-274. Common source of supply - Restrictions on production when full production would cause waste - Powers of Corporation Commission - Discrimination prohibited.

Whenever the full production from any common source of supply of crude oil or petroleum in this state can only be obtained under conditions constituting waste, as herein defined, then any person, firm or corporation, having the right to drill into and produce oil from any such common source of supply, may take therefrom only such proportion of all crude oil and petroleum that may be produced therefrom, without waste, as the production of the well or wells of any such person, firm or corporation, bears to the total production of such common source of supply. The Corporation Commission is authorized to so regulate the taking of crude oil or petroleum from any or all such common sources of supply, within the State of Oklahoma, as to prevent the inequitable or unfair taking, from a common source of supply, of such crude oil or petroleum, by any person, firm, or corporation, and to prevent unreasonable discrimination in favor of any one such common source of supply as against another.
Added by Laws 1915, c. 25, § 4, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-275. Wells gauged - Regulation by Corporation Commission - Agents.

For the purpose of determining such production, a gauge of each well shall be taken under rules and regulations to be prescribed by the Corporation Commission, and said Commission is authorized and directed to make and promulgate, by proper order, such other rules and regulations, and to employ or appoint such agents with the consent of the Governor, as may be necessary to enforce this act.
Added by Laws 1915, c. 25, § 5, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-276. Enforcement of act - Hearings before Corporation Commission.

Any person, firm, or corporation, or the Attorney General on behalf of the state, may institute proceedings before the Corporation Commission, or apply for a hearing before said Commission, upon any question relating to the enforcement of this act, and jurisdiction is hereby conferred upon said Commission to hear and determine the same. Said Commission shall set a time and place, when and where such hearing shall be had and give reasonable notice thereof to all persons or classes interested therein, by publication in some newspaper or newspapers, having general circulation in the state, and in addition thereto, shall cause reasonable notice in writing to be served personally on any person, firm or corporation complained against. In the exercise and enforcement of such jurisdiction, said Commission is authorized to determine any question or fact, arising hereunder, and to summon witnesses, make ancillary orders, and use mesne and final process, including inspection and punishment as for contempt, analogous to proceedings under its control over public service corporations, as now provided by law.
Added by Laws 1915, c. 25, § 6, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-277. Appeals to Supreme Court - Effect on orders.

Appellate jurisdiction is hereby conferred upon the Supreme Court in this state to review the action of said Commission in making any order, or orders, under this act. Such appeal may be taken by any person, firm or corporation, shown by the record to be interested therein, in the same manner and time as appeals are allowed by law from other orders of the Corporation Commission. Said orders so appealed from shall not be superseded by the mere fact of such appeal being taken, but shall be and remain in full force and effect until legally suspended or set aside by the Supreme Court.
Added by Laws 1915, c. 25, § 7, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-278. Violation - Penalties.

In addition to any penalty that may be imposed by the Corporation Commission for contempt, any person, firm, or corporation, or any officer, agent or employee thereof, directly or indirectly violating the provisions of this act, shall be guilty of a misdemeanor, and upon conviction thereof, in a court of competent jurisdiction, shall be punished by a fine in any sum not to exceed Five Thousand Dollars ($5,000.00), or by imprisonment in the county jail not to exceed thirty (30) days, or by both fine and imprisonment.
Added by Laws 1915, c. 25, § 8, emerg. eff. Feb. 11, 1915.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.1. Legislative finding.

The Legislature finds and determines that it is desirable and necessary, under the circumstances and for the purposes hereinafter set out, to authorize and provide for unitized management, operation and further development of the oil and gas properties to which this act is applicable, to the end that a greater ultimate recovery of oil and gas may be had therefrom, waste prevented, and the correlative rights of the owners in a fuller and more beneficial enjoyment of the oil and gas rights, protected.
Added by Laws 1951, p. 136, § 1, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.2. Power and authority of Commission.

Subject to the limitations of this act the Corporation Commission of the State of Oklahoma, hereinafter referred to as the "Commission", is hereby vested with jurisdiction, power and authority, and it shall be its duty to make and enforce such orders and do such things as may be necessary or proper to carry out and effectuate the purposes of this act.
Added by Laws 1951, p. 137, § 2, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.3. Matters to be found by Corporation Commission - Requisites of petition.

If upon the filing of a petition therefor and after notice and hearing, all in the form and manner and in accordance with the procedure and requirements hereinafter provided, the Corporation Commission shall find (a) that the unitized management, operation and further development of a common source of supply of oil and gas or portion thereof is reasonably necessary in order to effectively carry on pressure maintenance or repressuring operations, cycling operations, water flooding operations, or any combination thereof, or any other nonprimary production form of joint effort calculated to substantially increase the ultimate recovery of oil and gas from the common source of supply; and (b) that one or more of the unitized methods of operation as applied to such common source of supply or portion thereof are feasible, will prevent waste and will with reasonable probability result in the increased recovery of substantially more oil and gas from the common source of supply than would otherwise be recovered; and (c) that the estimated additional cost, if any, of conducting such operations will not exceed the value of the additional oil and gas so recovered; and (d) that such unitization and adoption of one or more of such unitized methods of operation is for the common good and will result in the general advantage of the owners of the oil and gas rights within the common source of supply or portion thereof directly affected, it shall make a finding to that effect and make an order creating the unit and providing for the unitization and unitized operation of the common source of supply or portion thereof described in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, reasonable, equitable and which are necessary or proper to protect, safeguard, and adjust the respective rights and obligations of the several persons affected, including royalty owners, owners of overriding royalties, oil and gas payments, carried interests, mortgagees, lien claimants and others, as well as the lessees. The petition shall set forth a description of the proposed unit area with a map or plat thereof attached, must allege the existence of the facts required to be found by the Commission as hereinabove provided and shall have attached thereto a recommended plan of unitization applicable to such proposed unit area and which the petitioner or petitioners consider to be fair, reasonable and equitable.
Added by Laws 1951, p. 137, § 3, emerg. eff. May 26, 1951. Amended by Laws 2011, c. 54, § 7, emerg. eff. April 13, 2011.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.5. Ratification or approval of plan by lessees and owners.

No order of the Commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed, or in writing ratified or approved by lessees of record of not less than sixty-three percent (63%) of the unit area affected thereby and by owners of record of not less than sixty-three percent (63%) of the normal one-eighth (1/8) royalty interest in and to the unit area, and the Commission has made a finding either in the order creating the unit or in a supplemental order that the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area. Where the plan of unitization has not been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area at the time the order creating the unit is made, the Commission shall, upon petition and notice, hold such additional and supplemental hearings as may be requested or required to determine if and when the plan of unitization has been so signed, ratified or approved by lessees and royalty owners owning the required percentage interest in and to the unit area and shall, in respect to such hearings, make and enter a finding of its determination in such regard. In the event lessees and royalty owners, or either, owning the required percentage interest in and to the unit area have not so signed, ratified or approved the plan of unitization within a period of six (6) months from and after the date on which the order creating the unit is made, the order creating the unit shall cease to be of further force and effect and shall be revoked by the Commission.
Added by Laws 1951, p. 138, § 5, emerg. eff. May 26, 1951. Amended by Laws 2021, c. 501, § 1, emerg. eff. May 24, 2021.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.6. Procedure - Notice - Appeals.

Except as otherwise herein expressly provided, all proceedings had under this act including the filing of petitions, the giving of notices, the conduct of hearings and other action taken by the Commission shall be in the form and manner and in accordance with the procedure and procedural requirements provided in Sections 84 to 135, inclusive, Title 52, Oklahoma Statutes, 1941, or any amendment thereof with reference to proceedings thereunder. Such additional notice shall be given as may be required by the Commission. The Conservation Officer, his assistant and deputies and the Conservation Attorney shall act without additional compensation as technical advisors to the Commission to the extent that the Commission may require. Any person aggrieved by any order of the Commission made pursuant to this act may appeal therefrom to the Supreme Court of the State of Oklahoma upon the same conditions, within the same time and in the same manner as is provided in said Sections 84 to 135, inclusive, Title 52, Oklahoma Statutes, 1941, or any amendments thereof, for the taking of appeals from the orders of the Commission made thereunder.
Added by Laws 1951, p. 139, § 6, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.7. Unlawful operation.

From and after the effective date of an order of the Commission creating a unit and prescribing the plan of unitization applicable thereto, the operation of any well producing from the common source of supply or portion thereof within the unit area defined in the order by persons other than the unit or persons acting under its authority or except in the manner and to the extent provided in such plan of unitization shall be unlawful and is hereby prohibited.
Added by Laws 1951, p. 139, § 7, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.10. Enlargement of area - Creation of new units - Amendment of plan.

The unit area of a unit may be enlarged to include adjoining portions of the same common source of supply, including the unit area of another unit, and a new unit created for the unitized management, operation and further development of such enlarged unit area, or the plan of unitization may be otherwise amended, all in the same manner, upon the same conditions and subject to the same limitations as herein provided with respect to the creation of a unit in the first instance, except, that where an amendment to plan of unitization relates only to the rights and obligations as between lessees the requirement that the same be signed, ratified or approved by royalty owners of record of not less than sixty-three percent (63%) of the unit area shall have no application.
Added by Laws 1951, p. 141, § 10, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.11. Participation by public lands.

The Commissioners of the Land Office, or other proper board or officer of the state having the control and management of state land, and the proper board or officer of any political, municipal, or other subdivision or agency of the state, are hereby authorized and shall have the power on behalf of the state or of such political, municipal, or other subdivision or agency thereof, with respect to land or oil and gas rights subject to the control and management of such respective body, board, or officer, to consent to or participate in any plan or program of unitization adopted pursuant to this act.
Added by Laws 1951, p. 141, § 11, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.12. Receipts as income.

Neither the unit production or proceeds from the sale thereof, nor other receipts shall be treated, regarded, or taxed as income or profits of the unit; but instead, all such receipts shall be the income of the several persons to whom or to whose credit the same are payable under the plan of unitization. To the extent the unit may receive or disburse said receipts it shall only do so as a common administrative agent of the persons to whom the same are payable.
Added by Laws 1951, p. 141, § 12, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.13. Definitions.

For the purposes of this act, unless the context otherwise requires:
(a) The term "lessee" refers not only to lessees under oil and gas leases but also to the owners of unleased lands or mineral rights having the right to develop the same for oil and gas.
(b) Any reference to a separately-owned tract, although in general terms broad enough to include the surface and all underlying common sources of supply of oil and gas shall have reference thereto only in relation to the common source of supply or portion thereof embraced within the unit area of a particular unit.
(c) The phrase "oil and gas" shall refer not only to oil and gas as such in combination one with the other, but shall have general reference to oil, gas, casinghead gas, casinghead gasoline, gas distillate, or other hydrocarbons, or any combination or combinations thereof, which may be found in or produced from a common source of supply of oil, oil and gas or gas distillate.
(d) The term "person" shall mean and include any individual, corporation, partnership, common law or statutory trust, association of any kind, the State of Oklahoma or any subdivision or agency thereof acting in a proprietary capacity, guardian, executor, administrator, fiduciary of any kind, or any other entity or being capable of owning an interest in and to a common source of supply of oil and gas.
(e) The term "unit expense" shall include and mean any and all cost, expense, or indebtedness incurred by the unit in the establishment of its organization, or incurred in the conduct and management of its affairs or the operations carried on by it.
Added by Laws 1951, p. 141, § 13, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-287.15. Agreements not violative of laws governing monopolies or restraint of trade.

No agreement between or among lessees or other owners of oil and gas rights in oil and gas properties, entered into pursuant hereto or with a view or for the purpose of bringing about the unitized development or operation of such properties, shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce.
Added by Laws 1951, p. 142, § 15, emerg. eff. May 26, 1951.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.1. Short title.

This act shall be known and may be cited as the "Oklahoma Energy Education and Marketing Act".
Added by Laws 1992, c. 257, § 1, eff. Sept. 1, 1992. Amended by Laws 1993, c. 184, § 1, eff. Oct. 1, 1993.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.2. Definitions.

As used in the Oklahoma Energy Education and Marketing Act, Section 288.1 et seq. of this title:
1. "Board" means the Oklahoma Energy Resources Board;
2. "Person" means any individual, group of individuals, or any partnership, corporation, association, cooperative, or employee thereof, or any other entity;
3. "Independent producer" means any person:
a.
who produces oil or natural gas and is not engaged in refining or marketing of such products, or
b.
who derives a majority of his or her oil- or natural gas-related income from working interest;
4. "Major oil company" means any person who produces oil or natural gas in the State of Oklahoma and who is a retailer as defined in IRS Code Sec. 613A (d)(2) or a refiner as defined in Sec. 613A (d)(4) of the Code or is a subsidiary, directly or indirectly, of a company that is classified as a major oil company as defined herein; and
5. "Qualified independent producer association" means an entity in existence as of January 1, 1992, that is organized and operating within the state, a majority of whose governing body are independent producers and which represents the independent oil or natural gas industry on a statewide basis.
Added by Laws 1992, c. 257, § 2, eff. Sept. 1, 1992. Amended by Laws 1993, c. 184, § 2, eff. Oct. 1, 1993; Laws 1996, c. 352, § 1; Laws 1997, c. 2, § 11, emerg. eff. Feb. 26, 1997.
NOTE: Laws 1996, c. 84, § 1 repealed by Laws 1997, c. 2, § 26, emerg. eff. Feb. 26, 1997.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.3. Oklahoma Energy Resources Board.

There is hereby re-created until July 1, 2025, the Oklahoma Energy Resources Board which shall be subject to the provisions of the Oklahoma Sunset Law. The purpose of the Board is to coordinate a program designed to demonstrate to the general public the importance of the Oklahoma oil and natural gas exploration and production industry, to encourage the wise and efficient use of energy, to promote environmentally sound production methods and technologies, to develop existing supplies of Oklahoma’s oil and natural gas resources, to support research and educational activities concerning the oil and natural gas exploration and production industry and to cause remediation of historical oilfield environmental problems.
Added by Laws 1992, c. 257, § 3, eff. Sept. 1, 1992. Amended by Laws 1992, c. 343, § 2, eff. Sept. 1, 1992; Laws 1993, c. 184, § 3, eff. Oct. 1, 1993; Laws 1996, c. 352, § 2; Laws 2001, c. 138, § 1; Laws 2007, c. 19, § 1; Laws 2013, c. 294, § 1; Laws 2017, c. 295, § 1; Laws 2021, c. 558, § 3, eff. July 1, 2021; Laws 2023, c. 251, § 1.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.5. Board - Powers, duties and responsibilities.

The Oklahoma Energy Resources Board shall have the following powers, duties and responsibilities:
1. To administer and enforce the provisions of the Oklahoma Energy Education and Marketing Act;
2. To establish an office for the Board within the State of Oklahoma;
3. To elect a chairperson and whatever other officers may be necessary to direct operations of the Board;
4. To employ personnel as shall be deemed necessary to carry out the purpose and provisions of the Oklahoma Energy Education and Marketing Act, including but not limited to an attorney to provide legal assistance to the Board, and to prescribe their duties and fix their compensation;
5. To establish and administer the Energy Resources Revolving Fund;
6. To approve or disapprove the budget of the Board;
7. To promulgate rules as it deems necessary to carry out the provisions of the Oklahoma Energy Education and Marketing Act;
8. To enter into contracts or agreements for studies, research projects, experimental work, supplies or other services to carry out the purposes of the Oklahoma Energy Education and Marketing Act, and incur those expenses necessary to carry out those purposes. Any such contract or agreement shall provide that:
a.
the person entering the contract or agreement on behalf of the Board shall develop and submit to the Board a plan or project together with a budget or budgets that shows estimated costs to be incurred for the plan or project, and
b.
the person entering the contract or agreement shall keep accurate records of all of its transactions, account for funds received and expended, and make periodic reports to the Board of activities conducted, and such other reports as the Board may require;
9. To keep accurate records of all financial transactions performed pursuant to the Oklahoma Energy Education and Marketing Act. These records shall be subject to an annual audit, as defined by paragraph 4 of subsection B of Section 212 of Title 74 of the Oklahoma Statutes, by an independent auditor and an annual report shall be compiled and presented to the Governor;
10. To cooperate with any private, local, state or national commission, organization, agency or group and to make contracts and agreements for joint programs beneficial to the oil industry;
11. To accept donations, grants, contributions and gifts from any public or private source and deposit such in the Energy Resources Revolving Fund;
12. To approve or disapprove the investment of any monies in the Energy Resources Revolving Fund; and
13. To keep an accurate record of all assessments collected.
Added by Laws 1992, c. 257, § 5, eff. Sept. 1, 1992. Amended by Laws 1993, c. 184, § 5, eff. Oct. 1, 1993; Laws 1995, c. 76, § 2, eff. July 1, 1995; Laws 2010, c. 413, § 12, eff. July 1, 2010.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.5B. Sustaining Oklahoma's Energy Resources Revolving Fund.

There is hereby created in the State Treasury a revolving fund for the Committee for Sustaining Oklahoma's Energy Resources to be designated the "Sustaining Oklahoma's Energy Resources Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations, and shall consist of all monies transferred to the Committee for Sustaining Oklahoma's Energy Resources to further the purposes of this act from any public appropriations and donations, grants, contributions or gifts from any public or private source. All monies accruing to the credit of the fund are hereby appropriated and may be budgeted and expended by the Committee for Sustaining Oklahoma's Energy Resources for the purpose of encouraging and funding research and development of new technologies in the oil and natural gas industry and funding activities to support marginally producing oil and gas wells. Expenditures from the fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
Added by Laws 2008, c. 309, § 2, emerg. eff. June 2, 2008. Amended by Laws 2012, c. 304, § 214; Laws 2013, c. 199, § 3, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.5C. Transferring the authority of the Commission on Marginally Producing Oil - terminating terms - transferring funds.

A. Effective July 1, 2013, all duties, assets and obligations of the Commission on Marginally Producing Oil and Gas Wells created pursuant to Section 700 of Title 52 of the Oklahoma Statutes shall be transferred to the authority of the Committee for Sustaining Oklahoma's Energy Resources created pursuant to Section 288.5A of Title 52 of the Oklahoma Statutes.
B. Effective July 1, 2013, the terms of the members of the Commission on Marginally Producing Oil and Gas Wells appointed pursuant to the provisions of Section 700 of Title 52 of the Oklahoma Statutes shall be terminated.
C. Effective July 1, 2013, all unclassified full-time-equivalent, part-time, and temporary employees of the Commission on Marginally Producing Oil and Gas Wells shall be terminated. Employees shall be paid for any accrued annual leave and may be eligible for other benefits as provided by law.
D. Activities and functions previously performed by the Commission on Marginally Producing Oil and Gas Wells shall be under the responsibility of the Committee for Sustaining Oklahoma's Energy Resources or a successor committee as provided by law. The Committee may organize itself, create subcommittees or adopt procedures as deemed necessary and appropriate and consistent with the provisions of this act to implement the provisions of this act and carry out the functions and duties of the Commission on Marginally Producing Oil and Gas Wells with the exception of making annual reports as required by paragraph 7 of subsection A of Section 701 of Title 52 of the Oklahoma Statutes.
E. Monies remaining in the Commission on Marginally Producing Oil and Gas Wells Revolving Fund created in Section 705 of Title 52 of the Oklahoma Statutes shall be transferred to the credit of the Sustaining Oklahoma's Energy Resources Revolving Fund created in Section 288.5B of Title 52 of the Oklahoma Statutes for use as provided in this act.
F. The Committee for Sustaining Oklahoma's Energy Resources with the advice and consent of the Oklahoma Energy Resources Board is authorized to promulgate any rules necessary to implement the provisions of this act. The Secretary of Energy may provide assistance as necessary to oversee the transfer of duties, assets and obligations pursuant to this act.
Added by Laws 2013, c. 199, § 1, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.5E. Refund of fees levied on production.

A. Any person subject to the fee levied by Section 703 of this title may request a refund as provided in this section of the fee paid on production for the preceding calendar year. Upon compliance with the provisions of this section and rules promulgated by the Committee for Sustaining Oklahoma's Energy Resources to implement this section, the Committee shall refund to each person requesting a refund the amount of the fee paid by or on behalf of such person during the preceding calendar year.
B. The request for a refund of the fee paid on production for the preceding calendar year must be made during the first three (3) calendar months following the calendar year for which the refund is requested. Failure to request a refund during this period shall terminate the right of any person to receive a refund for the fee paid on production for the preceding calendar year. The Committee shall give notice of the availability of the refund through press releases or such other means as it deems appropriate.
C. Each request for a refund shall be made in such manner and upon such forms as the Committee may require. Each person requesting a refund shall execute an affidavit stating the description of the producing property generating the production for which the refund is requested, the amount of the refund requested and that affiant was the owner of the production upon which the fee was levied. The Committee may require such other information and documentation reasonably necessary to verify the accuracy of the request for a refund.
Added by Laws 1992, c. 283, § 5, eff. Oct. 1, 1992. Amended by Laws 2013, c. 199, § 5, eff. July 1, 2013. Renumbered from Title 52, § 704 by Laws 2013, c. 199, § 7, eff. July 1, 2013.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.6. Board - Annual meeting - Regular meeting - Quorum - Additional meeting - Appointment of Director.

A. There shall be an annual meeting of the Board at which the annual report and proposed budget will be presented. The Board shall, at the call of the chairperson, hold at least three other regular meetings each year. The chairperson shall establish the time, a manner and place of all meetings and shall provide notice of such meetings. A majority of the members of the Board shall constitute a quorum for the transaction of any business. In addition, the Board shall determine the circumstances under which additional meetings of the Board may be held.
B. The Board may appoint a Director who shall carry out the provisions of the Oklahoma Energy Education and Marketing Act. The Director shall not be one of the appointed Board members.
Added by Laws 1992, c. 257, § 6, eff. Sept. 1, 1992. Amended by Laws 1993, c. 184, § 6, eff. Oct. 1, 1993.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.7. Energy Resources Revolving Fund.

A. There is hereby created in the State Treasury a revolving fund for the Oklahoma Energy Resources Board to be designated the "Energy Resources Revolving Fund". The fund shall be a continuing fund, not subject to fiscal year limitations and shall consist of all monies received by the Oklahoma Energy Resources Board from assessments received and collected pursuant to Section 288.8A of this title, donations, grants, contributions and gifts from any public or private source. The Board may expend funds as provided for by law. Expenditures from said fund shall be made upon warrants issued by the State Treasurer against claims filed as prescribed by law with the Director of the Office of Management and Enterprise Services for approval and payment.
B. Of the monies collected and not refunded pursuant to Sections 288.8A and 288.9A of this title, a minimum of fifty percent (50%) of said monies collected, including a prorated share of administrative costs incurred from the effective date of this act, and not subsequently refunded, shall be expended on environmental cleanup and remediation projects related to oil and gas pollution authorized by the Board from a priority list of projects submitted by the Corporation Commission or, only in the absence of Corporation Commission jurisdiction, projects submitted by other appropriate state agencies.
C. None of the monies collected and not refunded pursuant to Sections 288.8A and 288.9A of this title shall be used for travel expenses of any member of the Oklahoma Legislature.
Added by Laws 1992, c. 257, § 7, eff. Sept. 1, 1992. Amended by Laws 1993, c. 184, § 7, eff. Oct. 1, 1993; Laws 1996, c. 352, § 4; Laws 2012, c. 304, § 215.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-288.8A. Levy of assessment - Remitting - Rate - Collection.

A. To fund the activities of the Oklahoma Energy Resources Board, an assessment shall be levied in the amount of one-tenth of one percent (1/10 of 1%) of the gross revenues received at the wellhead for oil, natural gas, casinghead gas or condensate produced from each well in the State of Oklahoma except for production exempt from the payment of gross production tax pursuant to Section 1001 of Title 68 of the Oklahoma Statutes.
B. The assessment levied by subsection A of this section shall be deducted from the proceeds of production by the person remitting gross production tax to the Oklahoma Tax Commission pursuant to Section 1001 of Title 68 of the Oklahoma Statutes. Such assessment shall be remitted to the Oklahoma Tax Commission in the same manner as is provided by law for the payment of gross production tax. Provided, the person remitting the assessment may remit cumulative amounts of Twenty-five Dollars ($25.00) or less quarterly. To defray the costs of receiving and depositing the assessments levied by this section, the Oklahoma Tax Commission shall retain Two Thousand Dollars ($2,000.00) per month of the assessments received for deposit in the Oklahoma Tax Commission Revolving Fund created pursuant to Section 113 of Title 68 of the Oklahoma Statutes. The remaining monies received by the Oklahoma Tax Commission pursuant to this section shall be deposited in the Energy Resources Revolving Fund.
C. The Board shall be responsible for taking appropriate legal actions to collect any assessment which is not paid or is not properly paid. The Oklahoma Tax Commission shall not be responsible for collecting any assessment not remitted to the Oklahoma Tax Commission for deposit in the Energy Resources Revolving Fund. The Oklahoma Tax Commission shall report to the Board any information it obtains regarding failure of any person to properly pay the assessment due, including any documentation it may have of such failure.
Added by Laws 1993, c. 184, § 8, eff. Oct. 1, 1993. Amended by Laws 1996, c. 352, § 5.