reglab/statecodes huggingface dataset:
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.350 - Blanket performance security.

RCW 78.44.350
Blanket performance security.
(1) A permit holder, in lieu of an individual performance security for each mining site, may file a blanket performance security with the department for their group of permits.
(2) The department may reduce the required performance security calculated from its standard method prescribed in RCW 78.44.087, to an amount not to exceed the sum of reclamation security calculated by the department for the two surface mines with the largest performance security obligations, for nonmetal and nonfuel surface mines that meet the following conditions:
(a) The permit holder has had a valid reclamation permit for more than ten years and can demonstrate exemplary mining and reclamation practices that have been accepted by the department;
(b) The landowner agrees to allow the permit holder to hold a blanket security. The department must include, on forms to be signed by the landowner, notice of the risk of a lien on the landowner's lands; and
(c) The permit holder can demonstrate substantial financial ability to perform the reclamation in the approved reclamation plan and permit.
(3) Permit holders are not eligible for blanket securities if they are in violation of a final order of the department.
(4) The department must consider the compliance history and the state of the existing surface mines of the permit holder before approving any blanket performance security.
(5) Lands covered by a blanket performance security are subject to a lien placed by the department in the event of abandonment.
(6) In lieu of the performance security required of the permit holder, the department may accept a similar security from the landowner, equal to the estimated cost of reclamation as determined by the department.
[ 2006 c 341 § 4.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.360 - Performance security insufficient to cover cost of reclamation—Lien established in favor of department.

RCW 78.44.360
Performance security insufficient to cover cost of reclamation—Lien established in favor of department.
(1) To the extent a performance security is insufficient to cover the cost of reclamation performed by the department, a lien shall be established in favor of the department upon all of the permit holder's real and personal property.
(2) The lien attaches upon the filing of a notice of claim of lien with the county clerk of the county in which the property is located. The notice of lien claim must contain a true statement of the demand, the insufficiency of the performance security to compensate the department, and the failure of the permit holder to perform the reclamation required.
(3) The lien becomes effective when filed.
(4) The lien created by this section may be foreclosed by a suit in the superior court in the manner provided by law for the foreclosure of other liens on real or personal property.
[ 2006 c 341 § 5.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.370 - Notice of correction.

RCW 78.44.370
Notice of correction.
(1) The department may issue a notice of correction to the following: (a) Any permit holder, miner, or other person who authorizes, directs, violates, or who directly benefits by contracting with or employing another to violate this chapter, the rules adopted by the department, a reclamation permit, or a reclamation plan; or (b) a permit holder whose surface mine is out of compliance with the provisions of this chapter, the rules adopted by the department, or the permit holder's current or valid reclamation permit or reclamation plan. The department's authority to issue or its issuance of a notice of correction does not limit the department's authority to pursue enforcement actions, except as stated in other laws.
(2) The notice of correction must describe the items that need correction and must provide a reasonable time for the recipient to make corrections. The notice of correction must identify when, where, and to whom a request to extend the time to achieve compliance may be filed. The department may grant an extension when there is good cause for the request. This notice of correction is not an enforcement action and is not subject to administrative or judicial appeal.
[ 2007 c 192 § 1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.380 - Stop work orders.

RCW 78.44.380
Stop work orders.
(1) The department may issue an order to stop all surface mining to any permit holder, miner, or other person who authorizes, directs, or conducts such activities without a valid surface mine reclamation permit. This order is effective upon issuance unless otherwise stated in the order. Administrative appeal of the order to stop work does not stay the stop work requirement. The department shall notify the local jurisdiction of record when a stop work order has been issued for operating without a valid reclamation permit.
(2) The department may issue an order to stop surface mining occurring outside of any permit area to a permit holder that does not have a legal right to occupy the affected area. This order is effective upon issuance unless otherwise stated in the order. An administrative appeal of the order to stop work does not stay the stop work requirement.
(3) Where a permit holder is conducting surface mining activities outside of its permit boundary, but within land that it has the right to occupy, the department may issue an order to stop surface mining or mining-related activities occurring outside of the authorized area after the permit holder fails to comply with a notice of correction. The notice of correction must specify the corrections necessary as per the violation and provide a reasonable time to do so. This order is effective upon issuance unless otherwise stated in the order. An administrative appeal of the order to stop work does not stay the stop work requirement.
(4) Stop work orders must be in writing, delivered by United States certified mail with return receipt requested, facsimile, or by hand to the permit holder of record. The order must state the facts supporting the violation, the law being violated, and the specific activities being stopped. Stop work orders must be signed by the state geologist or an assistant state geologist. The pollution control hearings board shall proceed as quickly as feasible to complete any requested adjudicative proceedings unless the parties stipulate to an appeal timeline or the department's stop work order states that it is not effective until after the administrative review process. If the recipient appeals the order, the recipient may file a motion for stay with the presiding officer, which will be reviewed under RCW 43.21B.320.
[ 2010 c 210 § 33; 2007 c 192 § 3.]
NOTES:
Intent—Effective dates—Application—Pending cases and rules—2010 c 210: See notes following RCW 43.21B.001.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.390 - Cancellation of a reclamation permit.

RCW 78.44.390
Cancellation of a reclamation permit.
(1) In addition to the department's other authority to cancel a reclamation permit, a permit holder may seek cancellation of its reclamation permit in favor of a local development or construction permit. A permit holder may request cancellation of its reclamation permit and release of its performance security when:
(a) The permit holder has received an approved development or construction permit covering all of the existing permit area from a local jurisdiction;
(b) The local jurisdiction and the landowner agree with the permit holder's request to cancel the reclamation permit and to release the performance security; and
(c) The local jurisdiction provides assurance in writing that the construction or development permit is being actively implemented by the permit holder.
(2) The department is not responsible for overseeing a site's development or reclamation when a reclamation permit is canceled under this section.
[ 2007 c 192 § 4.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.910 - Previously mined land.

RCW 78.44.910
Previously mined land.
Miners and permit holders shall not be required to reclaim any segment where all surface mining was completed prior to January 1, 1971. However, the department shall make an effort to reclaim previously abandoned or completed surface mining segments.
[ 1993 c 518 § 36; 1970 ex.s. c 64 § 22.]
NOTES:
Captions—Severability—Effective date—1993 c 518: See notes following RCW 78.44.010.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.44 - Surface Mining. › 78.44.920 - Effective date—1970 ex.s. c 64.

RCW 78.44.920
Effective date—1970 ex.s. c 64.
This act shall become effective January 1, 1971.
[ 1970 ex.s. c 64 § 23.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.001 - Declaration of purpose.

RCW 78.52.001
Declaration of purpose.
It is hereby declared to be in the public interest to foster, encourage, and promote the exploration, development, production, and utilization of oil and gas in the state in such manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such manner as to assure that the maximum economic recovery of oil and gas may be obtained and the rights of owners thereof fully protected; to conduct such oil and gas operations in a manner that will maintain a safe and healthful environment for the people of Washington and protect the state's natural resources; and to encourage, authorize, and provide for cycling, recycling, pressure maintenance and secondary recovery operations in order that the maximum economic recovery of oil and gas may be obtained to the end that landowners, royalty owners, producers, and the general public may realize and enjoy the greatest possible benefits from these vital resources.
[ 1983 c 253 § 1; 1951 c 146 § 1.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.025 - Hearings and meetings of department.

RCW 78.52.025
Hearings and meetings of department.
The department shall hold hearings or meetings at such times and places as may be found by the department to be necessary to carry out its duties. The department may establish its own rules for the conduct of public hearings or meetings consistent with other applicable law.
[ 1994 sp.s. c 9 § 810; 1983 c 253 § 3; 1951 c 146 § 5. Formerly RCW 78.52.060.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.030 - Employment of personnel.

RCW 78.52.030
Employment of personnel.
The department shall employ all personnel necessary to carry out the provisions of this chapter.
[ 1994 sp.s. c 9 § 811; 1951 c 146 § 6.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.031 - Conduct of hearings—Evidence.

RCW 78.52.031
Conduct of hearings—Evidence.
The department may subpoena witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. No person shall be excused from attending and testifying, or from producing books, papers, and records before the department or a court, or from obedience to the subpoena of the department or a court, on the ground or for the reason that the testimony or evidence, documentary or otherwise, required of the person may tend to incriminate the person or subject the person to a penalty or forfeiture: PROVIDED, That nothing herein contained shall be construed as requiring any person to produce any books, papers, or records, or to testify in response to any inquiry not pertinent to some question lawfully before the department or court for determination. No person shall be subjected to criminal prosecution or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which, in spite of his or her objection, he or she may be required to testify or produce evidence, documentary or otherwise before the department or court, or in obedience to its subpoena: PROVIDED, HOWEVER, That no person testifying shall be exempt from prosecution and punishment for perjury committed in so testifying.
[ 1994 sp.s. c 9 § 812; 1983 c 253 § 5; 1951 c 146 § 7. Formerly RCW 78.52.080.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.032 - Hearing examiners.

RCW 78.52.032
Hearing examiners.
In addition to the powers and authority, either express or implied, granted to the department by virtue of the laws of this state, the department may, in prescribing its rules of order or procedure in connection with hearings or other proceedings before the department, provide for the appointment of one or more examiners to conduct a hearing or hearings with respect to any matter properly coming before the department and to make reports and recommendations to the department with respect thereto. Any employee of the department or any other person designated by the commissioner of public lands, or the supervisor when this power is so delegated, may serve as an examiner. The department shall adopt rules governing hearings to be conducted before examiners.
[ 1994 sp.s. c 9 § 813; 1983 c 253 § 10.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.033 - Failure of witness to attend or testify—Contempt.

RCW 78.52.033
Failure of witness to attend or testify—Contempt.
In case of failure or refusal on the part of any person to comply with a subpoena issued by the department or in case of the refusal of any witness to testify as to any matter regarding which the witness may be interrogated, any superior court in the state, upon the application of the department, may compel the person to comply with such subpoena, and to attend before the department and produce such records, books, and documents for examination, and to give his or her testimony and shall have the power to punish for contempt as in the case of disobedience to a like subpoena issued by the court, or for refusal to testify therein.
[ 1994 sp.s. c 9 § 814; 1951 c 146 § 8. Formerly RCW 78.52.090.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.035 - Attorney for department.

RCW 78.52.035
Attorney for department.
The attorney general shall be the attorney for the department, but in cases of emergency, the department may call upon the prosecuting attorney of the county where the action is to be brought, or defended, to represent the department until such time as the attorney general may take charge of the litigation.
[ 1994 sp.s. c 9 § 815; 1951 c 146 § 9. Formerly RCW 78.52.110.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.037 - State oil and gas supervisor—Deputy supervisors—Employment of personnel.

RCW 78.52.037
State oil and gas supervisor—Deputy supervisors—Employment of personnel.
The department shall designate a state oil and gas supervisor who shall be charged with duties as may be delegated by the department. The department may designate one or more deputy supervisors and employ all personnel necessary including the appointment of examiners as provided in RCW 78.52.032 to carry out this chapter and the rules and orders of the department.
[ 1994 sp.s. c 9 § 816; 1983 c 253 § 4.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.040 - Duty and powers of department—In general.

RCW 78.52.040
Duty and powers of department—In general.
The department shall administer and enforce the provisions of this chapter by the adoption of policies, and all rules, regulations, and orders promulgated hereunder, and the department has jurisdiction, power, and authority, over all persons and property, public and private, necessary to enforce effectively such duty.
[ 1994 sp.s. c 9 § 817; 1983 c 253 § 6; 1951 c 146 § 10.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.050 - Rules, regulations, and orders—Time and place of hearing—Notices.

RCW 78.52.050
Rules, regulations, and orders—Time and place of hearing—Notices.
The department may make such reasonable rules, regulations, and orders as may be necessary from time to time for the proper administration and enforcement of this chapter. Unless otherwise required by law or by this chapter or by rules of procedure made under this chapter, the department may make such rules, regulations, and orders, after notice, as the basis therefor. The notice may be given by publication in some newspaper of general circulation in the state in a manner and form which may be prescribed by the department by general rule. The public hearing shall be at the time and in the manner and at the place prescribed by the department, and any person having any interest in the subject matter of the hearing shall be entitled to be heard. In addition, written notice shall be mailed to all interested persons who have requested, in writing, notice of department hearings, rulings, policies, and orders. The department shall establish and maintain a mailing list for this purpose. Substantial compliance with these mailing requirements is deemed compliance with this section.
[ 1994 sp.s. c 9 § 818; 1983 c 253 § 7; 1951 c 146 § 11.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.070 - Hearing upon petition—Time for action.

RCW 78.52.070
Hearing upon petition—Time for action.
Any interested person shall have the right to have the department call a hearing for the purpose of taking action with respect to any matter within the jurisdiction of the department by filing a verified written petition therefor, which shall state in substance the matter and reasons for and nature of the action requested. Upon receipt of any such request the department, if in its judgment a hearing is warranted and justifiable, shall promptly call a hearing thereon, and after such hearing, and with all convenient speed, and in any event within twenty days after the conclusion of such hearing, shall take such action with regard to the subject matter thereof as it may deem appropriate.
[ 1994 sp.s. c 9 § 819; 1951 c 146 § 12.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.100 - Records—Copies as evidence—Copies to be furnished.

RCW 78.52.100
Records—Copies as evidence—Copies to be furnished.
All rules, regulations, policies, and orders of the department, all petitions, copies of all notices and actions with affidavits of posting, mailing, or publications pertaining thereto, all findings of fact, and transcripts of all hearings shall be in writing and shall be entered in full by the department in the permanent official records of the office of the commissioner of public lands and shall be open for inspection at all times during reasonable office hours. A copy of any rule, regulation, policy, order, or other official records of the department, certified by the commissioner of public lands, shall be received in evidence in all courts of this state with the same effect as the original. The department is hereby required to furnish to any person upon request, copies of all rules, regulations, policies, orders, and amendments thereof.
[ 1994 sp.s. c 9 § 820; 1983 c 253 § 8; 1951 c 146 § 13.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.120 - Drilling permit required—Notice.

RCW 78.52.120
Drilling permit required—Notice.
Any person desiring or proposing to drill any well in search of oil or gas, before commencing the drilling of any such well, shall apply to the department upon such form as the department may prescribe, and shall pay to the state treasurer a fee of the following amounts for each application:
(1) For each well the estimated depth of which is three thousand five hundred feet or less, two hundred fifty dollars;
(2) From three thousand five hundred one feet to seven thousand feet, five hundred dollars;
(3) From seven thousand one feet to twelve thousand feet, seven hundred fifty dollars; and
(4) From twelve thousand one feet and deeper, one thousand dollars.
In addition, as pertains to the tract upon which the well is proposed to be located, the applicant must notify the surface landowner, the landowner's tenant, and other surface users in the manner provided by regulations of the department that a drilling permit has been applied for by furnishing each such surface landowner, tenant, and other users with a copy of the application concurrent with the filing of the application. Within fifteen days of receipt of the application, each such surface landowner, the landowner's tenant, and other surface users have the right to inform the department of objections or comments as to the proposed use of the surface by the applicant, and the department shall consider the objections or comments.
The drilling of any well is prohibited until a permit is given and such fee has been paid as provided in this section. The department may prescribe that the said form indicate the exact location of such well, the name and address of the owner, operator, contractor, driller, and any other person responsible for the conduct of drilling operations, the proposed depth of the well, the elevation of the well above sea level, and such other relevant and reasonable information as the department may deem necessary or convenient to effectuate the purposes of this chapter.
The department shall issue a permit if it finds that the proposed drilling will be consistent with this chapter, the rules and orders adopted under it, and is not detrimental to the public interest. The department shall impose conditions and restrictions as necessary to protect the public interest and to ensure compliance with this chapter, and the rules and orders adopted by the department. A person shall not apply to drill a well in search of oil or gas unless that person holds an ownership or contractual right to locate and operate the drilling operations upon the proposed drilling site. A person shall not be issued a permit unless that person prima facie holds an ownership or contractual right to drill to the proposed depth, or proposed horizon. Proof of prima facie ownership shall be presented to the department.
[ 1994 sp.s. c 9 § 821; 1983 c 253 § 11; 1951 c 146 § 14.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.125 - Environmental impact statement required when drilling affects surface waters of the state—Drilling may be denied, when.

RCW 78.52.125
Environmental impact statement required when drilling affects surface waters of the state—Drilling may be denied, when.
Any person desiring or proposing to drill any well in search of oil or gas, when such drilling would be conducted through or under any surface waters of the state, shall prepare and submit an environmental impact statement upon such form as the department of ecology shall prescribe at least one hundred and twenty days prior to commencing the drilling of any such well. Within ninety days after receipt of such environmental statement the department of ecology shall prepare and submit to the department of natural resources a report examining the potential environmental impact of the proposed well and recommendations for department action thereon. If after consideration of the report the department determines that the proposed well is likely to have a substantial environmental impact the drilling permit for such well may be denied.
The department shall require sufficient safeguards to minimize the hazards of pollution of all surface and ground waters of the state. If safeguards acceptable to the department cannot be provided the drilling permit shall be denied.
[ 1994 sp.s. c 9 § 822; 1971 ex.s. c 180 § 8.]
NOTES:
Reviser's note: The definitions of RCW 90.56.010 apply to this section. Funds for the purposes of carrying out this section are provided from the coastal protection fund, RCW 90.48.390 and 90.48.400. The authority and enforcement of rules pertaining to this section are covered in RCW 90.56.050 and 90.56.900.
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
Short title—Construction—1971 ex.s. c 180: See RCW 90.48.906 and 90.56.900.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.140 - Carbon black and carbon products—Permit required.

RCW 78.52.140
Carbon black and carbon products—Permit required.
The use of gas from a well producing gas only, or from a well which is primarily a gas well, for the manufacture of carbon black or similar products predominantly carbon, is declared to constitute waste prima facie, and such gas well shall not be used for any such purpose unless it is clearly shown, at a public hearing to be held by the department, on application of the person desiring to use such gas, that waste would not take place by the use of such gas for the purpose or purposes applied for, and that gas which would otherwise be lost is not available for such purpose or purposes, and that the gas to be used cannot be used for a more beneficial purpose, such as for light or fuel purposes, except at prohibitive cost, and that it would be in the public interest to grant such permit. If the department finds that the applicant has clearly shown a right to use such gas for the purpose or purposes applied for, it shall issue a permit upon such terms and conditions as may be found necessary in order to permit the use of the gas, and at the same time require compliance with the intent of this section.
[ 1994 sp.s. c 9 § 823; 1951 c 146 § 16.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.150 - Investigations authorized.

RCW 78.52.150
Investigations authorized.
The department shall make such investigations as it may deem proper to determine whether waste exists or is imminent or whether other facts exist which justify action by the department.
[ 1994 sp.s. c 9 § 824; 1951 c 146 § 17.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.200 - Development units authorized for known pools.

RCW 78.52.200
Development units authorized for known pools.
When necessary to prevent waste, to avoid the drilling of unnecessary wells, or to protect correlative rights including those of royalty owners, the department, upon its own motion or upon application of interested persons, shall establish development units covering any known pool. Development units shall be of uniform size and shape for the entire pool unless the department finds that it must make an exception due to geologic, geographic, or other factors. When necessary, the department may divide any pool into zones and establish development units for each zone, which units may differ in size and shape from those established in any other zone.
[ 1994 sp.s. c 9 § 826; 1983 c 253 § 12; 1951 c 146 § 22.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.205 - Development units to be prescribed for pool after discovery—Temporary development units.

RCW 78.52.205
Development units to be prescribed for pool after discovery—Temporary development units.
Within sixty days after the discovery of oil or gas in a pool not then covered by an order of the department, a hearing shall be held and the department shall issue an order prescribing development units for the pool. If sufficient geological or other scientific data from drilling operations or other evidence is not available to determine the maximum area that can be efficiently and economically drained by one well, the department may establish temporary development units to ensure the orderly development of the pool pending availability of the necessary data. A temporary order shall continue in force for a period of not more than twenty-four months at the expiration of which time, or upon the petition of an affected person, the department shall require the presentation of such geological, scientific, drilling, or other evidence as will enable it to determine the proper development units in the pool. During the interim period between the discovery and the issuance of the temporary order, permits shall not be issued for the drilling of direct offsets to a discovery well.
[ 1994 sp.s. c 9 § 827; 1983 c 253 § 13.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.210 - Development units—Size and shape.

RCW 78.52.210
Development units—Size and shape.
(1) The size and the shape of any development units shall be such as will result in the efficient and economical development of the pool as a whole, and the size shall not be smaller than the maximum area that can be efficiently and economically drained by one well as determined by competent geological, geophysical, engineering, drilling, or other scientific testimony, data, and evidence. The department shall fix a development unit of not more than one hundred sixty acres for any pool deemed by the department to be an oil reservoir, or of six hundred forty acres for any pool deemed by the department to be a gas reservoir, plus a ten percent tolerance in either case to allow for irregular sections. The department may, at its discretion, after notice and hearing, establish development units for oil and gas in variance of these limitations when competent geological, geophysical, engineering, drilling, or other scientific testimony, data, and evidence is presented and upon a finding that one well can efficiently and economically drain a larger or smaller area and is justified because of technical, economic, environmental, or safety considerations.
(2) The department may establish development units of different sizes or shapes for different parts of a pool or may grant exceptions to the size or shapes of any development unit or units. Where development units of different sizes or shapes exist in a pool, the department shall, if necessary, make such adjustments to the allowable production from the well or wells drilled thereon so that each operator in each development unit will have a reasonable opportunity to produce or receive his or her just and equitable share of the production.
[ 1994 sp.s. c 9 § 828; 1983 c 253 § 14; 1951 c 146 § 23.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.220 - Development units—Location of well.

RCW 78.52.220
Development units—Location of well.
An order establishing development units for a pool shall specify the size and shape of each area and the location of the permitted well thereon in accordance with a reasonable uniform spacing plan. Upon application and after notice and a hearing, if the department finds that a well drilled at the prescribed location would not produce in paying quantities, or that surface conditions would substantially add to the burden or hazard of drilling such well, the department may enter an order permitting the well to be drilled pursuant to permit at a location other than that prescribed by such development order; however, the department shall include in the order suitable provisions to prevent the production from the development unit of more than its just and equitable share of the oil and gas in the pool.
[ 1994 sp.s. c 9 § 829; 1983 c 253 § 15; 1951 c 146 § 24.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.230 - Development units—Order must cover entire pool—Modifications.

RCW 78.52.230
Development units—Order must cover entire pool—Modifications.
An order establishing development units for a pool shall cover all lands determined or believed to be underlaid by such pool, and may be modified by the department from time to time to include additional areas determined to be underlaid by such pool. When the department determines that it is necessary for the prevention of waste, or to avoid the drilling of unnecessary wells, or to protect correlative rights, an order establishing development units in a pool may be modified by the department to increase or decrease the size of development units in the pool or to permit the drilling of additional wells on a reasonably uniform plan in the pool.
[ 1994 sp.s. c 9 § 830; 1983 c 253 § 16; 1951 c 146 § 25.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.240 - Development units—Pooling of interests.

RCW 78.52.240
Development units—Pooling of interests.
When two or more separately-owned tracts are embraced within a development unit, or when there are separately owned interests in all or a part of the development unit, then the owners and lessees thereof may pool their interests for the development and operation of the development unit. In the absence of this voluntary pooling, the department, upon the application of any interested person, shall enter an order pooling all interests, including royalty interests, in the development unit for the development and operation thereof. Each such pooling order shall be made after notice and hearing. The applicant or applicants shall have the burden of proving that all reasonable efforts have been made to obtain the consent of, or to reach agreement with, other owners.
[ 1994 sp.s. c 9 § 831; 1983 c 253 § 17; 1951 c 146 § 26.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.245 - Pooling order—Allocation of production.

RCW 78.52.245
Pooling order—Allocation of production.
A pooling order shall be upon terms and conditions that are fair and reasonable and that afford to each owner and royalty owner his or her fair and reasonable share of production. Production shall be allocated as follows:
(1) For the purpose of determining the portions of production owned by the persons owning interests in the pooled unit, the production shall be allocated to the respective tracts within the unit in the proportion that the surface acres in each tract bear to the number of surface acres included in the entire unit.
(2) Notwithstanding subsection (1) of this section, if the department finds that allocation on a surface acreage basis does not allocate to each tract its fair share, the department shall allocate the production so that each tract will receive its fair share.
[ 1994 sp.s. c 9 § 832; 1983 c 253 § 18.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.253 - Pooling agreement, offer to pool, pooling order—Fairness to nonconsenting, unleased owners.

RCW 78.52.253
Pooling agreement, offer to pool, pooling order—Fairness to nonconsenting, unleased owners.
A pooling agreement, offer to pool, or pooling order is not considered fair and reasonable as applied to nonconsenting, unleased owners only, if it provides for an operating agreement containing any of the following provisions:
(1) Preferential right of the operator to purchase mineral interests in the unit;
(2) A call on or option to purchase production from the unit;
(3) Operating charges that include any part of district or central office expense other than reasonable overhead charges; or
(4) Prohibition against nonoperators questioning the operation of the unit.
[ 1983 c 253 § 20.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.255 - Operations on development unit deemed operations on each tract—Production allocated to tract deemed produced from each tract—Shut-in well considered on each tract—Lease on part of tract excluded from unit.

RCW 78.52.255
Operations on development unit deemed operations on each tract—Production allocated to tract deemed produced from each tract—Shut-in well considered on each tract—Lease on part of tract excluded from unit.
(1) Operations incident to the drilling of a well upon any portion of a development unit covered by a pooling order shall be deemed, for all purposes, the conduct of such operations upon each separately-owned tract in the development unit by the several owners thereof. That portion of the production allocated to each separately-owned tract included in a development unit covered by a pooling order shall, when produced, be deemed for all purposes, including the payment of royalty, to have been produced from each separately-owned tract by a well drilled thereon. If an oil or gas well on a pooled unit is shut-in, it shall be considered that the shut-in well is on each separately-owned tract in the pooled unit.
(2) If only part of the tract is included in the unit, operations on, production from, or a shut-in well on the unit shall maintain an oil and gas lease on the tract as to the part excluded from the unit only if the lease would be maintained had the unit been created voluntarily under the lease.
[ 1983 c 253 § 21.]
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.257 - Dissolution of pooling order—Interests covered by terminated lease—Modification or termination of pooling order—Extension of dissolution of pooling order.

RCW 78.52.257
Dissolution of pooling order—Interests covered by terminated lease—Modification or termination of pooling order—Extension of dissolution of pooling order.
(1) An order pooling a development unit shall automatically dissolve:
(a) One year after its effective date if there has been no production of commercial quantities or drilling operations on lands within the unit;
(b) Six months after completion of a dry hole on the unit; or
(c) Six months after cessation of production of commercial quantities from the unit, unless, prior to the expiration of such six-month period, the operator shall, in good faith, commence drilling or reworking operations in an effort to restore production.
(2) Upon the termination of a lease pooled by order of the department under authority granted in this chapter, interests covered by the lease are considered pooled as unleased mineral interests.
(3) Any party to a pooling order is entitled, after due notice to all parties, to a hearing to modify or terminate a previously entered pooling order upon presenting new evidence showing that the previous determination of reservoir conclusions are substantially incorrect.
(4) The department, after notice and hearing, may grant additional time, for good cause shown, before a pooling order is automatically dissolved as provided in subsection (1) of this section. In no case may such an extension be longer than six months.
[ 1994 sp.s. c 9 § 834; 1983 c 253 § 22.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.260 - "Wildcat" or "exploratory" well data confidential.

RCW 78.52.260
"Wildcat" or "exploratory" well data confidential.
Whenever the department requires the making and filing of well logs, directional surveys, or reports on the drilling of, subsurface conditions found in, or reports with respect to the substance produced, or capable of being produced from, a "wildcat" or "exploratory" well, as those terms are used in the petroleum industry, such logs, surveys, reports, or information shall be kept confidential by the department for a period of one year, if at the time of filing such logs, surveys, reports, or other information, the owner, lessee, or operator of such well requests that such information be kept confidential: PROVIDED, HOWEVER, That the department may divulge or use such information in a public hearing or suit when it is necessary for the enforcement of the provisions of this chapter or any rule, regulation, or order made hereunder.
[ 1994 sp.s. c 9 § 835; 1951 c 146 § 28.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.270 - Limitation of production to "oil allowable"—Proration.

RCW 78.52.270
Limitation of production to "oil allowable"—Proration.
Whenever the total amount of oil which all of the pools in this state can currently produce in accordance with good operating practices, exceeds the amount reasonably required to meet the reasonable market demand, the department shall limit the oil which may be currently produced in this state to an amount, designated the "oil allowable." The department shall then prorate this "oil allowable" among the pools on a reasonable basis, avoiding undue discrimination among the pools, and so that waste will be prevented. In determining the "oil allowable," and in prorating such "oil allowable" among the pools in the state, the department shall take into account the producing conditions and other relevant facts with respect to such pools, including the separate needs for oil and gas, and separate needs for oil of particular kinds or qualities, and shall formulate rules setting forth standards or a program for the determination of the "oil allowable," and shall prorate the "oil allowable" in accordance with such standards or program, and where conditions in one pool or area are substantially similar to those in another pool or area, then the same standards or program shall be applied to such pools or areas so that as far as practicable a uniform program will be followed: PROVIDED, HOWEVER, That if the amount prorated to a pool as its share of the "oil allowable" is in excess of the amount which the pool can efficiently produce currently, then the department shall prorate to such pool the maximum amount which can be efficiently produced currently without waste.
[ 1994 sp.s. c 9 § 836; 1951 c 146 § 29.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.280 - Determining market demand—No undue discrimination in proration of "allowable."

RCW 78.52.280
Determining market demand—No undue discrimination in proration of "allowable."
The department shall not be required to determine the reasonable market demand applicable to any single pool of oil except in relation to all pools producing oil of similar kind and quality and in relation to the reasonable market demand. The department shall prorate the "allowable" in such manner as will prevent undue discrimination against any pool or area in favor of another or others resulting from selective buying or nomination by purchasers.
[ 1994 sp.s. c 9 § 837; 1951 c 146 § 30.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.
2023 Revised Code of Washington › Title 78 - Mines, Minerals, and Petroleum › Chapter 78.52 - Oil and Gas Conservation. › 78.52.290 - Limitation of production to "gas allowable"—Proration.

RCW 78.52.290
Limitation of production to "gas allowable"—Proration.
Whenever the total amount of gas which all of the pools in this state can currently produce in accordance with good operating practice exceeds the amount reasonably required to meet the reasonable market demand, the department shall limit the gas which may be currently produced to an amount, designated as the "gas allowable," which will not exceed the reasonable market demand for gas. The department shall then prorate the "gas allowable" among the pools on a reasonable basis, avoiding undue discrimination among the pools, and so that waste will be prevented, giving due consideration to location of pipe lines, cost of interconnecting such pipe lines, and other pertinent factors, and insofar as applicable, the provisions of RCW 78.52.270 shall be followed in determining the "gas allowable" and in prorating such "gas allowable" among the pools therein: PROVIDED, HOWEVER, That in determining the reasonable market demand for gas as between pools, the department shall give due regard to the fact that gas produced from oil pools is to be regulated in a manner which will protect the reasonable use of gas energy for oil production and promote the most or maximum efficient recovery of oil from such pools.
[ 1994 sp.s. c 9 § 838; 1951 c 146 § 31.]
NOTES:
Severability—Headings and captions not law—Effective date—1994 sp.s. c 9: See RCW 18.79.900 through 18.79.902.