reglab/statecodes huggingface dataset:
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-557. Conditions for oil well plugging approval.

The Corporation Commission shall not finally approve the plugging of any well until the designated operator of such well files an affidavit stating that all monies arising out of the production or operation of such well:
1. have been paid to the rightful recipients over which said operator exercises control; or
2. are being held in escrow; or
3. have been transmitted to the Corporation Commission pursuant to the provisions of Sections 551 through 558 of this title.
If any monies have not been paid as a result of being unable to locate the owner of such monies after the exercise of due diligence, or if any monies remain in escrow accounts, such monies shall be deposited immediately into the Mineral Owner's Fund. If any plugging bond has been submitted by the designated operator to the Corporation Commission, it shall not be released until the requirements of this section are met.
Added by Laws 1983, c. 320, § 7, eff. July 1, 1984. Amended by Laws 1984, c. 212, § 1, emerg. eff. May 21, 1984.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-558. Implementation of act – Rules - Prospective operation.

A. The Corporation Commission and the State Treasurer are to establish, administer and enforce rules and shall establish procedures for the full coordinated implementation of Section 551 et seq. of this title.
B. The operation of Section 551 et seq. of this title shall be prospective only and shall apply only to pooling proceedings filed after July 1, 1984. Any person holding monies described in Section 551 et seq. of this title on July 1, 1984, may transmit such monies to the Corporation Commission for the Mineral Owner's Fund, and be relieved of liability as provided by Section 551 et seq. of this title.
Added by Laws 1983, c. 320, § 8, eff. July 1, 1984. Amended by Laws 2001, c. 133, § 6, emerg. eff. April 24, 2001.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.3. Application of act.

The Production Revenue Standards Act shall apply to all owners and shall apply to all producing wells, regardless of the date pooled, drilled or of the date of the underlying leases; provided, however, that Sections 4, 5, 6, 7 and 8 of this act shall not apply to wells in common sources of supply under unitized management pursuant to Section 287.1 of Title 52 of the Oklahoma Statutes or where royalty remittance is otherwise provided by written agreement among all owners in a well.
Added by Laws 1992, c. 190, § 3, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.5. Designation of person for certain royalty, accounting and remittance functions.

A. The owners owning a majority in interest of the working interest in a well or the Corporation Commission for cause upon proper application by any working interest owner and notice to all working interest owners in a well may designate a person other than the operator, which person is defined for purposes of this section to include, but not be limited to, a bank or a trust company, to perform the royalty accounting and remittance functions assigned to the operator pursuant to the Production Revenue Standards Act, upon consent to and assumption by that person of:
1. Any costs thereby incurred; and
2. An obligation to furnish to the operator such information necessary to the operator for the discharge of its duties.
B. Any person designated pursuant to this section shall assume all rights and duties of and shall be held to the same standards of care as the operator as set forth in this section and Sections 4, 6, 7 and 13 and subsections A and G of Section 8 and subsections C and E of Section 10 of this act. Any person designated pursuant to this section who is not a working interest owner in the well, a first purchaser of production from the well or a bank or trust company shall be bonded or post other surety in an amount equal to Fifty Thousand Dollars ($50,000.00). Except as provided by private agreement or Corporation Commission order derived from other statutory authority, such person shall not thereby assume other rights or duties of the operator.
Added by Laws 1992, c. 190, § 5, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.6. Selling royalty gas in kind - Consumption and accounting for royalty gas.

A. A royalty interest owner who has a right to sell royalty gas in kind may do so as described in the agreement creating such right, but in no event upon less than sixty (60) days' prior written notice to its lessee or lessees and the operator. Solely for purposes of revenue allocation under the Production Revenue Standards Act, the interest of a royalty interest owner selling gas and the working interest burdened thereby shall each be regarded as part royalty interest and part working interest, in the same percentages that the royalty and working interests are provided in the lease. A royalty interest owner selling gas shall remit the royalty share of its gas sales to the operator in the same manner as any other producing owner.
B. If metered, consumption of gas from a well by a royalty interest owner or surface owner wherein there is no sale of such gas shall be deemed production by the working interest owner burdened by the contractual right to consume gas and shall be accounted for at the average price, weighted by volume, of gas from that well sold by such working interest owner during that month. In the absence of a sale by such working interest owner, the average price, weighted by volume, of gas from that well sold by all producing owners during that month, shall be used.
C. A burdened working interest owner and the operator shall have the right to accomplish the accounting required pursuant to this section by offset or adjustment.
D. Royalty gas taken in kind by the Commissioners of the Land Office shall be considered consumption of gas from a well by a royalty interest owner and shall be deemed production by the working interest owner burdened by the contractual right of the Commissioners of the Land Office to take such gas in kind. Such gas shall be accounted for by the working interest owner so burdened at the average price, weighted by volume, of gas from that well sold by such working interest owner during that month. In the absence of a sale by such working interest owner, the average price, weighted by volume, of gas from that well sold by all producing owners during that month shall be used. The Commissioners of the Land Office shall account to such working interest owner for such royalty gas taken in kind at the average price, weighted by volume, of gas from that well sold by all producing owners during that month.
Added by Laws 1992, c. 190, § 6, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.7. Out-of-balance wells.

A. For purposes of the Production Revenue Standards Act a well is out of balance when cumulative gas sales on a volumetric basis for the account of all owners in a well have not been made in proportion to the respective net revenue interest of each owner.
B. In a well wherein the cumulative gas production accounts of royalty interest owners are out of balance, producing owners in that well may agree to have the distribution of gas royalty proceeds among the royalty interest owners made in a manner other than according to their proportionate royalty shares, provided that:
1. Such variance shall only be permitted to the extent required to balance the cumulative gas production accounts of the royalty interest owners; and
2. Prior notice thereof is given to the royalty interest owners affected thereby, and to the operator along with any ongoing information necessary for the operator to discharge its duties.
C. Nothing in this section shall be construed to impair any rights to balancing which may exist by contract or law.
Added by Laws 1992, c. 190, § 7, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.9. Production rights of owner - Ownership and payment of proceeds - Working interest owner's rights, duties and liability - Effect of act.

A. Each owner entitled to produce shall at a minimum have the right to produce separately its proportionate production interest in monthly production, subject to balancing restrictions created by statute, rule, agreement or operation of law; provided, however, no provision of the Production Revenue Standards Act shall create a new right for any owner to produce in excess of its proportionate production interest share of the total recoverable reserves from a well. As used herein, an owner is entitled to produce when by right of contract, lease, mineral ownership, Corporation Commission order or operation of law, such owner has acquired or retained a current right to separately contract for, dispose of or sell oil or gas from a well. Nothing in the Production Revenue Standards Act shall prevent any owner having the right to take production in kind, including a royalty interest owner, from so taking its share of production in kind or create a right to take in kind or use production, which right did not previously exist.
B. Except as otherwise provided by statute, rule, agreement or operation of law, proceeds from production, after deduction of royalty proceeds, shall be separately owned by the producing owner and any subsequently created interests attributable to the interests of such owner. A working interest owner shall be responsible for payment and reporting to any subsequently created interest which burdens its working interest.
C. All rights, burdens, duties and undertakings attributable to working interest other than the duty to pay royalty proceeds shall remain with such working interest and shall not be communitized pursuant to the Production Revenue Standards Act.
D. Notwithstanding any other provisions of the Production Revenue Standards Act, any working interest owner that pays or causes to be paid royalty proceeds for gas production in accordance with the Production Revenue Standards Act valued according to the terms of such working interest owner's lease shall be relieved from all liability to royalty interest owners for any further payment of proceeds from such production.
E. Nothing in the Production Revenue Standards Act shall:
1. Prevent any working interest owner entitled to produce gas from receiving the price agreed upon by contract;
2. Eliminate or otherwise affect the rights and remedies available to any operator or working interest owner against any other working interest owner, including but not limited to an operator, that defaults or fails to pay its proportionate share of the well cost; or
3. Set the price, terms or conditions under which a purchaser takes the production or set any restrictions, limitations, floor or ceiling on the price to be paid for such production.
Added by Laws 1992, c. 190, § 9, eff. July 1, 1993.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.11. Division orders.

A division order is an instrument for the purpose of directing the distribution of proceeds from the sale of oil, gas, casinghead gas or other related hydrocarbons which warrants in writing the division of interest and the name, address and tax identification number of each interest owner with a provision requiring notice of change of ownership. A division order is executed to enable the first purchaser of the production or holder of proceeds to make remittance of proceeds directly to the owners legally entitled thereto and does not relieve the lessee of any liabilities or obligations under the oil and gas lease. Terms of a division order which conflict with the terms of any oil and gas lease are invalid, unless previously agreed to by the affected parties. This subsection shall only apply to division orders executed on or after July 1, 1989.
Added by Laws 1992, c. 190, § 11, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.12. Information to be included with payments to interest owner - Calculation of revenue decimals - Measurement of gas volume reported – Electronic dissemination.

A. The following information for each property and month of sale shall be included with each payment made to an interest owner from the sale of oil or gas:
1. Lease or well identification;
2. Month and year of sales included in the payment;
3. Total barrels or MCF attributed to such payment;
4. Price per barrel or MCF, including British Thermal Unit adjustment of gas sold;
5. Total amount attributed to such payment of severance and other production taxes, with the exception of windfall profit tax;
6. Net value of total sales attributed to such payment after taxes are deducted;
7. Owner's interest, expressed as a decimal, in production from the property;
8. Owner's share of the total value of sales attributed to such payment prior to any deductions;
9. Owner's share of the sales value attributed to such payment less owner's share of the production and severance taxes; and
10. A specific listing of the amount and purpose of any other deductions from the proceeds attributed to such payment due to the owner upon request by the owner.
B. For purposes of the Production Revenue Standards Act:
1. All revenue decimals shall be calculated to not less than the nearest sixth decimal place, which is the nearest part in one million; and
2. Gas volumes reported to any owner shall be measured as required by Section 474 of this title.
C. All information required to be included under subsection A of this section may be provided or made available to an owner by electronic means including but not limited to electronic mail or a website or database accessible to the owner, upon the mutual written consent of the information provider and the owner.
Added by Laws 1992, c. 190, § 12, eff. Sept. 1, 1992. Amended by Laws 2010, c. 152, § 2, emerg. eff. April 20, 2010.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.13. Promulgation of rules.

The Corporation Commission shall promulgate rules, as needed, in furtherance of the purposes of the Production Revenue Standards Act, including but not limited to a schedule of equitable fees and expense reimbursements from working interest owners sufficient to cover the actual costs incurred by the operator to perform duties required by the Production Revenue Standards Act not assumed by private agreement.
Added by Laws 1992, c. 190, § 13, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.14. Jurisdiction of district courts - Rulemaking power of Corporation Commission - Right of action of injured owner and costs of suit - Statute of limitations.

A. The district courts within this state shall have the sole and exclusive jurisdiction to determine the entitlement of any owner in a well to:
1. Its share of proceeds from production; or
2. Damages, interest, court costs, attorneys' fees or allowable litigation expenses incurred as a result of the violation of this act.
B. Any rulemaking power granted to the Corporation Commission by the Production Revenue Standards Act shall neither preclude nor impair the right of any owner to obtain through the district courts remedies available under existing law or additional remedies herein granted to any owner injured in business or property by reason of any action in violation of the provisions of the Production Revenue Standards Act.
C. Any owner injured in business or property by reason of any action in violation of the provisions of the Production Revenue Standards Act shall have the right to:
1. Recover actual damages so sustained; and
2. Obtain specific performance where equitable.
The prevailing party in any court proceeding brought pursuant to the Production Revenue Standards Act shall be entitled to recover the costs of the suit, including but not limited to reasonable attorney and expert witness fees.
D. For purposes of the Production Revenue Standards Act, the statute of limitations on actions brought pursuant to the provisions of the Production Revenue Standards Act shall be five (5) years from the date the cause of action shall have accrued, provided however, nothing shall create, limit or expand any statute of limitations applicable to production occurring prior to September 1, 1992.
Added by Laws 1992, c. 190, § 14, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-570.15. Performance pursuant to act - Satisfaction of duties and obligation.

Notwithstanding the effective dates of various provisions of the Production Revenue Standards Act, performance under the terms of the Production Revenue Standards Act which causes proper payment of proceeds to owners legally entitled thereto for sales of gas production subsequent to the date of enactment but prior to the effective date of the Production Revenue Standards Act will satisfy duties or obligations pertaining to such sales under Sections 87.1 and 540 of Title 52 of the Oklahoma Statutes in effect on or before the effective date of the Production Revenue Standards Act.
Added by Laws 1992, c. 190, § 15, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.1. Short title.

Sections 18 through 26 of this act and Section 546 of Title 52 of the Oklahoma Statutes shall be known and may be cited as the "Natural Gas Market Sharing Act".
Added by Laws 1992, c. 190, § 18, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.2. Purpose and intent of act.

It is the purpose and intent of the Natural Gas Market Sharing Act to protect the rights and correlative rights of all owners in wells producing natural gas including but not limited to casinghead gas and to afford all such owners an equal opportunity to produce and market their share of gas and to receive the proceeds derived therefrom. It is further the intent of the Natural Gas Market Sharing Act to protect such owners against discrimination in purchases in favor of one owner as against another.
Added by Laws 1983, c. 77, § 1, emerg. eff. May 3, 1983. Amended by Laws 1992, c. 190, § 19, eff. Sept. 1, 1992. Renumbered from § 541 of this title by Laws 1992, c. 190, § 29.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.3. Definitions.

As used in the Natural Gas Market Sharing Act:
1. "Designated marketer" means the operator of the well or a producing owner substituted for the operator as provided in Section 22 of this act;
2. "Electing owner" means any owner who elects to produce and market its share of production pursuant to the provisions of this act;
3. "Nonexempt sales" means those gas sales which are subject to the provisions of this act and do not qualify for exemptions as set forth in Section 21 of this act;
4. "Overproduced owner" means an owner who has produced and sold a volume of gas in excess of his working interest percentage of cumulative sales from a well;
5. "Owner" means a person or persons who own a working interest in a well;
6. "Producing owner" means an owner who produces and sells gas from a well for its own account; and
7. "Working interest" means the interest in a well, calculated prior to deduction for royalty, overriding royalty and other non-cost-bearing interests burdening production, entitling the owner thereof to drill for and produce oil and gas, including the interest of a participating mineral owner to the extent set forth in Section 87.1 of Title 52 of the Oklahoma Statutes.
Added by Laws 1992, c. 190, § 20, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.4. Exemptions - Owners ineligible to elect to market share.

A. The following sales are exempt from the provisions of the Natural Gas Market Sharing Act:
1. Sales pursuant to contracts for an initial term of more than one (1) year entered into prior to January 1, 1985, or any successor, replacement, or rollover contract thereto entered into prior to January 1, 1990. This subsection shall not apply to participating mineral owners who were sharing in any contract on January 1, 1992 and continue to share in such contract on September 1, 1992. Such participating mineral owners shall be subject to all other provisions of this act;
2. Sales pursuant to contracts which provide for:
a.
an initial term of more than three (3) years,
b.
a guarantee or warranty for delivery of fixed volumes of gas without limitation to specified wells or reserves, and
c.
delivery of such volumes;
3. Sales of natural gas liquids extracted as a result of mechanical processing of the natural gas stream for the removal of liquid components other than methane.
B. Owners in a well shall not be entitled to elect to market share pursuant to the provisions of the Natural Gas Market Sharing Act if in such well, such owners:
1. Are subject to a balancing agreement or other written agreement which expressly provides for the taking, sharing, marketing or balancing of gas in a manner other than as provided for in the Natural Gas Market Sharing Act;
2. Have terminated their contract with a purchaser for value received, until the expiration of the remainder of the term provided in such contract;
3. Have terminated market sharing within the previous twelve (12) months; or
4. Are currently overproduced owners.
Added by Laws 1992, c. 190, § 21, eff. Sept. 1, 1992.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.6. Election to market share - Effect.

An election to market share pursuant to the terms of the Natural Gas Market Sharing Act grants to any producing owner thereby required to share its market the authority to market its proportionate share of gas attributable to the working interest of such electing owner during the term of that election without further notice or consent. Nothing in the Natural Gas Market Sharing Act shall be construed to:
1. Prevent any owner from receiving the price agreed upon by contract or to prevent any owner from taking its share of production in kind or separately disposing of its share;
2. Eliminate or otherwise affect the rights and remedies available to any operator or any other owner against any owners, including operators, who either default or fail to pay their proportionate share of the well or operating costs; or
3. Diminish the existing rights of each owner to ultimately receive its share of gas disposed or sold from the well.
Added by Laws 1983, c. 77, § 2, emerg. eff. May 3, 1983. Amended by Laws 1992, c. 190, § 23, eff. Sept. 1, 1992. Renumbered from § 542 of this title by Laws 1992, c. 190, § 29.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.7. Amount of gas produced from well.

On and after the effective date of the Natural Gas Market Sharing Act, an owner of a well producing natural gas or casinghead gas may produce from the well that amount of gas which may be lawfully produced therefrom; however, the foregoing shall not diminish the rights of each owner against an overproduced owner by reason of such production, such as the right to an accounting as among co-owners and the right to balance in cash or in kind, as those rights may otherwise be established by law or contract.
Added by Laws 1983, c. 77, § 4, emerg. eff. May 3, 1983. Amended by Laws 1992, c. 190, § 24, eff. Sept. 1, 1992. Renumbered from § 544 of this title by Laws 1992, c. 190, § 29.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.8. Distribution of revenues from sale of production.

Proper distribution of revenues from the sale of production from the well shall be made pursuant to the provisions of Section 540 of this title and the Production Revenue Standards Act, Sections 1 through 15 of this act.
Added by Laws 1983, c. 77, § 5, emerg. eff. May 3, 1983. Amended by Laws 1992, c. 190, § 25, eff. Sept. 1, 1992. Renumbered from § 545 of this title by Laws 1992, c. 190, § 29.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.9. Construction and application of act.

Nothing in this act shall be construed as setting the price, terms or conditions under which a purchaser takes the production of a well or setting any restrictions, limitations, floor or ceiling on the price to be paid for such production, nor shall anything in this act require any purchaser to connect any well that such purchaser is not already obligated to connect and nothing contained in this section shall be construed as altering or changing the definition of the terms common purchaser and common carrier as defined by law.
Added by Laws 1983, c. 77, § 6, emerg. eff. May 3, 1983. Renumbered from § 546 of this title by Laws 1992, c. 190, § 29.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-581.10. Enforcement powers of Corporation Commission - Promulgation of rules - Administration fees - Judicial remedies - Costs and expenses - Statute of limitations - Jurisdiction of district courts.

A. The Corporation Commission is herein empowered to promulgate rules by which the purpose of the Natural Gas Market Sharing Act shall be administered, including the power to establish and enforce penalties for violations thereof. The Corporation Commission shall establish a schedule of reasonable administration fees sufficient to cover the actual costs incurred by the designated marketer to perform duties required by the Natural Gas Market Sharing Act and not assumed by private agreement. Such power shall supplement the existing authority of the Corporation Commission to provide for a ratable taking of gas to protect the correlative rights of those entitled to take from a common reservoir or common source of supply. Such power shall not preclude the remedies available through the district courts as provided by existing law nor preclude the right, herewith granted, of any owner who is injured in business or property by any other owner in the well by reason of any action in violation of the provisions of the Natural Gas Market Sharing Act to sue in the courts of this state and to recover actual damages so sustained and obtain specific performance where equitable. The prevailing party in any court proceeding brought pursuant to the Natural Gas Market Sharing Act shall be entitled to recover court costs, attorneys' fees and allowable litigation expenses. The statute of limitations on actions brought pursuant to the provisions of the Natural Gas Market Sharing Act shall be five (5) years from the date of violation of the Natural Gas Market Sharing Act.
B. In any action brought pursuant to the provisions of the Natural Gas Market Sharing Act, the district courts of this state shall have the sole and exclusive jurisdiction to determine the entitlement of any working interest owner in a well to its share of proceeds from production or any damages, interest, court costs, attorneys' fees and allowable litigation expenses incurred as a result of a nonpayment of such working interest owner's share of proceeds from production or as a result of any action brought to enforce the right to receive any such payment.
Added by Laws 1983, c. 77, § 7, emerg. eff. May 3, 1983. Amended by Laws 1992, c. 190, § 26, eff. Sept. 1, 1992. Renumbered from § 547 of this title by Laws 1992, c. 190, § 29.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-602. Legislative intent.

The Legislature recognizes that hydrocarbons are a limited natural resource and that their exploration, production and development contribute significantly to the general welfare of the people of the State of Oklahoma through the creation of jobs, the development of economic growth and stability, and the collection of gross production taxes, petroleum excise taxes, and other sources of revenue.
Therefore, the Legislature finds it is in the public interest to protect its energy resource assets from transfers that may retard the timely and efficient development of such assets, or transfers that may interfere with the production, sale, purchase, refining or processing, delivery, transportation or transmission of hydrocarbons or hydrocarbon products gathered or produced for sale, purchase, refining or processing, delivery, transport, transmission or use pursuant to existing contracts within this state. The Legislature further finds it is in the public interest to encourage orderly future exploration, development, production, refining, processing, transportation, or transmission of hydrocarbons and hydrocarbon products gathered or produced within the state, to conserve and prevent waste of energy resource assets, to protect correlative rights in underground mineral resources, and to protect and preserve sources of tax revenue derived from the orderly and efficient development, management and production of the state's energy resource assets.
Added by Laws 1985, c. 2, § 2, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-603. Definitions.

As used in this act:
1. "Commission" means the Corporation Commission of Oklahoma;
2. "Energy resource assets" means assets located in this state which consist of oil, gas, coal and other hydrocarbons in solid, liquid or gaseous form or any combinations of such forms, any rights for the exploration, development or production of such assets, and any tangible assets used in the exploration, development, production, refining, processing, transportation or transmission by pipeline or other common carrier of any of the foregoing;
3. "Person" means and includes natural persons, firms, partnerships, companies, corporations, associations, common law trusts, statutory trusts and other concerns by whatever name known or howsoever organized, formed or created;
4. "Transfer" means a disposition for value of:
a.
any energy resource assets, or
b.
any ownership interest in any person, other than a natural person, directly or indirectly owning or controlling any such asset;
5. "Transferee" means a person, and any person or persons acting in concert or participating with or controlling such a person, who offers or agrees to acquire in a transfer, or who acquires in a transfer, energy resource assets, or an ownership interest in any person, other than a natural person, directly or indirectly owning or controlling energy resource assets; and
6. "Transferor" means a person who owns or controls, directly or indirectly, energy resource assets proposed to be acquired in a transfer, as defined in subparagraph a of paragraph 4 of this section, or a person who owns or controls energy resource assets in which an ownership interest is proposed to be acquired in a transfer as defined in subparagraph b of paragraph 4 of this section.
Added by Laws 1985, c. 2, § 3, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-605. Exempted transfers.

The following transfers are exempted from the provisions of this act:
1. Transfers in the ordinary course of business. For the purposes of this act, transfers in the ordinary course of business shall include but not be limited to:
a.
the granting of a lease to explore and produce an energy resource asset,
b.
the assignment of a lease or leases to explore and produce an energy resource asset by or to a person engaged in the business of buying and selling such leases,
c.
the sale by a natural person of fee mineral rights,
d.
the transfer by conveyance or decree pursuant to a private trust, gift, will, or intestate succession,
e.
any transfer pursuant to a compulsory pooling order of the Commission,
f.
any transfer of hydrocarbons pursuant to a contract for the purchase, sale, or delivery of such hydrocarbons at or beyond the wellhead or other point of production,
g.
the transfer, sale, condemnation or conveyance of surface use rights for the purposes of ingress, egress, easement and right-of-ways, and
h.
sales in the ordinary course of business of pipeline equipment, oil and gas equipment and mineral equipment as defined in Section 371 of Title 52 of the Oklahoma Statutes;
2. The granting or assignment of a mortgage, security interest or other contractual lien in an energy resource asset as security for an indebtedness or the foreclosure, enforcement or realization thereof;
3. The granting or assignment of a royalty interest, overriding royalty interest, production payment, or other nonworking interest form of right to receive hydrocarbon production, or proceeds therefrom;
4. A transfer, as defined in subparagraph b of paragraph 4 of Section 3 of this act, where, after giving effect to the proposed transfer, the transferee would beneficially own less than ten percent (10%) of the ownership interest in the transferor;
5. A transfer, as defined in subparagraph a of paragraph 4 of Section 3 of this act, where the value of the energy resource assets at date of transfer is less than Seventy-five Million Dollars ($75,000,000.00);
6. A transfer, as defined in subparagraph b of paragraph 4 of Section 3 of this act, where the value at date of transfer of the energy resource assets owned by the transferor is less than Seventy-five Million Dollars ($75,000,000.00);
7. A transfer of a "domestic public utility" or an ownership interest in a "domestic public utility", as defined in Section 191.1 of Title 17 of the Oklahoma Statutes; and
8. Any other exemptions as may be granted pursuant to the rules, regulations and orders of the Commission reasonably prescribed in the furtherance of this act.
Added by Laws 1985, c. 2, § 5, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-607. Fees and costs.

A. Upon filing an application with the Commission for approval of a transfer under Section 6 of this act, the transferee shall pay to the Commission:
1. A nonrefundable fee of Five Thousand Dollars ($5,000.00); and
2. After the hearing, the additional costs actually incurred in excess of the fee.
B. All payments received from the transferee shall be paid into an agency special account and any unexpended portion other than the nonrefundable fee shall be refunded from the account pursuant to the provisions of Sections 7.1 et seq. of Title 62 of the Oklahoma Statutes.
Added by Laws 1985, c. 2, § 7, emerg. eff. Feb. 13, 1985.
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2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-608. Hearing relating to act or enforcement - Entities that may initiate - Jurisdiction - Time and place - Notice.

Any transferee, transferor, the Attorney General on behalf of the state, or the Commission on its own motion may institute proceedings or apply for a hearing before the Commission upon any question relating to this act or its enforcement. Jurisdiction is hereby conferred upon the Commission to hear and determine the same. The Commission shall set a time and place when and where the hearing shall be had and give reasonable notice to all interested persons or classes by publication in a newspaper or newspapers having general circulation in the state, and in addition, shall serve reasonable notice in writing to any person complained against.
Added by Laws 1985, c. 2, § 8, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-609. Powers and authority of Commission.

In all matters pertaining to the making, issuing and enforcing of its orders, rules and regulations made under the provisions of this act, the Commission shall have and exercise, without limitation, all of the following additional powers and authority:
1. To enforce the provisions of this act, and compliance with any of its orders, rules, regulations or adjudications, by appropriate process and by orders otherwise necessary or proper, to carry into effect its orders, rules and regulations which may, without limitation, include the issuance of orders of restraint against any person participating in or about to participate in any violation of this act or any related orders, rules or regulations of the Commission; and
2. To appoint a receiver to affect a rescission of a transfer made in violation of this act.
Added by Laws 1985, c. 2, § 9, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-610. Violations - Fines and penalties - Collection of fines.

Any person who shall disobey or violate any of the provisions of this act or any of the orders, rules, regulations or adjudications of the Commission made pursuant to this act shall be punished for contempt. Punishment by the Commission in proceedings for contempt shall be imprisonment in the county jail of Oklahoma County for not more than one (1) year and/or a fine not to exceed Fifty Thousand Dollars ($50,000.00). Each day the disobedience or violation continues shall constitute a separate and additional contempt and shall be punished by separate and additional fines each in an amount not to exceed Fifty Thousand Dollars ($50,000.00). Any fine or penalty assessed under the provisions of this act shall constitute a lien upon all the property of the offender within the state, except the homestead of the offender. Before any fine or penalty shall become a lien upon any property of the offender as against third persons, a copy of the order or adjudication of the Commission assessing the fine or penalty, certified by the Secretary of the Commission, shall be filed in the offices of the court clerk and the county clerk of the county where the property of the offender is located and entered on the judgment docket of the court of said county. If the fine is not paid to the Commission within thirty (30) days after the final order or judgment of the Commission imposing the same, the Commission shall issue an execution directed to the Director of the Commission's Oil and Gas Conservation Division to levy upon any property of the offender found within the state, and to sell and dispose of the same in the manner now provided by law and required of sheriffs in this state in the levy upon and sale of property under an execution upon a judgment of a district court of the state. All costs incurred in the issuance, execution and sale under such levy shall be taxed against the offender and collected in the same manner provided herein for the collection of such fine. All monies collected as fines or penalties under the provisions of this act shall, when paid into or received by the Commission, be paid to the State Treasurer to be deposited to the credit of the Corporation Commission Revolving Fund.
Added by Laws 1985, c. 2, § 10, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-611. Injunctions.

The Attorney General of the State of Oklahoma or any person entitled to institute proceedings or apply for a hearing under Section 8 of this act may in the name of the state bring an action in the district courts of this state for an injunction, enjoining and prohibiting any person from violating the provisions of this act or any order, rule or regulation of the Commission promulgated pursuant to this act. An action for an injunction instituted under this section shall not suspend or prohibit any proceedings instituted by the Commission pursuant to this act.
Added by Laws 1985, c. 2, § 11, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-612. Nonresident transferees - Service of process.

A transferee who is a nonresident of this state, and any persons acting in concert or participating with or controlling such transferee, who makes or solicits an offer to effect a transfer, or who makes an agreement to effect a transfer, shall be deemed:
1. To have agreed to be subject to the jurisdiction of the Commission and the courts of the state with respect to any action or proceeding commenced under this act;
2. To have designated the Secretary of State as the lawful agent for receipt of service of process with respect to any action or proceeding commenced under this act, if no such agent has previously been designated; and
3. To have agreed that any summons or other notice of suit or proceeding served on the Secretary of State as agent for service of process shall have the same legal force and validity as if personally served in this state, provided that the addresses of the transferee, or persons acting in concert or participating with or controlling such transferee, are known to the Commission or the Secretary of State, and the Secretary of State promptly sends notice of service and a copy of the process by registered mail to the transferee, and persons acting in concert or participating with or controlling such transferee, on or before the return day of the process, or within such further time as the Commission may allow.
Added by Laws 1985, c. 2, § 12, emerg. eff. Feb. 13, 1985.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-803. Surface estate – Interference with solar energy agreement – Notice

A. Unless specifically provided otherwise in an instrument transferring or retaining title to the mineral estate separate from the surface estate, and subject to, and consistent with, the provisions of the surface damages statutes and all other applicable laws, rules and regulations, within a tract of real property, the mineral owner has had, and shall hereafter continue to have, the right to make reasonable use of the surface estate, including the right of ingress and egress therefor, for the purpose of exploring, severing, capturing and producing the minerals underlying the tract of real property or lands spaced or pooled therewith.
B. Notwithstanding any provision in a wind or solar energy agreement in effect on, or entered into after, May 10, 2011, or the provisions of the Oklahoma Wind Energy Development Act, as the same is in effect or hereafter amended, the lessee of a wind or solar energy agreement or the wind energy developer shall not unreasonably interfere with the mineral owner's right to make reasonable use of the surface estate, including the right of ingress and egress therefor, for the purpose of exploring, severing, capturing and producing the minerals.
C. It is the intent of the Exploration Rights Act of 2011 to confirm the mineral owner's historical right to make reasonable use of the surface estate, including the right of ingress and egress therefor, for the purpose of exploring, severing, capturing and producing the minerals, and nothing in this act is intended to expand or diminish those historical rights. Further, nothing in this act shall amend or modify the surface damages statutes or be interpreted to grant, expand or diminish any person's rights therein.
D. For any alleged breach or violation of the Exploration Rights Act of 2011, any affected person may petition the district court in the county in which the real property is located for either declaratory relief pursuant to Sections 1651 through 1657 of Title 12 of the Oklahoma Statutes, or injunctive relief pursuant to Sections 1381 through 1397 of Title 12 of the Oklahoma Statutes, or both, in addition to any other remedies at law or in equity that may otherwise be available.
Added by Laws 2011, c. 197, § 5. Amended by Laws 2017, c. 45, § 3, emerg. eff. April 17, 2017.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-804. Eminent domain.

Notwithstanding any other provision of law to the contrary, whether expressly or by implication, except as specifically authorized by Section 36.3 of Title 52 of the Oklahoma Statutes, no mineral estate shall be subject to or taken by eminent domain proceedings, unless the owner of the mineral estate expressly consents to the mineral estate being included in an eminent domain proceeding.
Added by Laws 2011, c. 197, § 6.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-902. Construction of oil and gas contracts, statutes and governmental orders.

The sanctity of private agreements, and the consistent and predictable application and interpretation of statutes, governmental orders and common law, being essential to the oil and gas industry, the following are declared to be paramount rules of construction to be applied by the courts of this state in the construction of private agreements, statutes and governmental orders relating to the exploration for, operations for, producing of, or marketing oil or gas, or disbursing proceeds of production of oil or gas:
1. A person is bound as a reasonably prudent operator to operate the well on behalf of all owners in the well and perform any duties owed to any person under a private agreement, statute, governmental order or common law relating to the exploration for, operations for, producing of, or marketing oil or gas, or disbursing proceeds of production of oil or gas, and performance of the duties described herein is that performance which an operator acting reasonably would have undertaken given the circumstances at the time, without being required to subordinate its own business interests, but with due regard to the interests of all affected parties, including the operator; and
2. There shall not be implied in the duties in paragraph 1 of this section or otherwise any fiduciary duty, quasi-fiduciary duty or other similar special relationship in any private agreement, statute or governmental order or common law relating to the exploration for, operations for, producing of, or marketing oil or gas, or disbursing proceeds of production of oil or gas.
Nothing in this section shall either prohibit the parties to a private agreement from expressly agreeing in writing otherwise or prohibit the Legislature from expressly providing otherwise in any statute subsequently enacted or prohibit any governmental order from expressly providing otherwise to the extent within the power or authority of the issuer of such order. However, the provisions of paragraph 2 of this section shall not apply to Sections 287.1 through 287.15 of Title 52 of the Oklahoma Statutes and nothing in this act shall be interpreted to relieve an operator or owner from any obligation or duty set forth expressly in the Production Revenue Standards Act or the Natural Gas Market Sharing Act; provided the performance of such obligations or duties shall be subject to the same reasonably prudent operator standard set forth in paragraph 1 of this section.
Added by Laws 2012, c. 201, § 2, emerg. eff. May 8, 2012.
2023 Oklahoma Statutes › Title 52. Oil and Gas › §52-903. Failure to pay proceeds from production - Remedies.

Except for the right to enforce lien rights under private agreement or under Sections 548 through 549.12 of Title 52 of the Oklahoma Statutes and except where specific remedies are provided by private agreement, and as long as paragraph 1 of subsection D of Section 570.10 of Title 52 of the Oklahoma Statutes provides for an interest rate equal to or greater than twelve percent (12%) compounded annually, the Production Revenue Standards Act shall provide the exclusive remedy to a person entitled to proceeds from production for failure of a holder to pay the proceeds within the time periods required for payment. The interest amounts set forth in subsection D of Section 570.10 and the remedies set forth in subsection C of Section 570.14 of Title 52 of the Oklahoma Statutes, with the term “actual damages” as used therein being limited to the proceeds due and the interest as provided in subsection D of Section 570.10 of Title 52 of the Oklahoma Statutes, are deemed to be adequate remedies for failure to pay proceeds within the time periods required for payment and no other penalty or damages shall be recoverable in any litigation involving a claim for unpaid or underpaid proceeds from production including, without limitation, punitive or exemplary damages or disgorgement damages, unless there shall be a determination by the finder of fact upon clear and convincing evidence that the holder who failed to pay such proceeds did so with the actual, knowing and willful intent: (a) to deceive the person to whom the proceeds were due, or (b) to deprive proceeds from the person the holder knows, or is aware, is legally entitled thereto.
Added by Laws 2012, c. 201, § 3, emerg. eff. May 8, 2012.
2023 Oklahoma Statutes › Title 53. Oklahoma Historical Societies and Associations › §53-1.1. Short title.

Sections 1.1 through 5.1 of Title 53 of the Oklahoma Statutes shall be known and may be cited as the "Oklahoma Historical Preservation Act".
Added by Laws 1988, c. 217, § 3, emerg. eff. June 21, 1988.