Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 1 - Administration › Part 1 - GENERAL PROVISIONS › Section 165:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words and terms, when used in this Chapter,
					 shall have the following meaning unless the context clearly indicates
					 otherwise:
"Agent"
means any person authorized by another
					 person to act for him.
"Aquifer"
means a geological formation, group
					 of formations, or part of a formation that is capable of yielding a significant
					 amount of water to a well or spring.
"Area of exposure"
means an area within a
					 circle constructed with the point of escape of poisonous gas (hydrogen sulfide)
					 as its center and the radius of exposure as its radius.
"Associated gas"
means any gas produced from a
					 Commission ordered combination oil and gas reservoir in which allowed rates of
					 production are based upon volumetric withdrawals.
"BS&W"
means basic sediment and water
					 which is that portion of fluids and/or solids that settle in the bottom of
					 storage tanks and/or treating vessels and is unsaleable to the first purchaser
					 in its present form. BS&W usually consists of water, paraffin, sand, scale,
					 rust, and other sediments.
"Barrel"
means 42 (U.S.) gallons at 60 F at
					 atmospheric pressure.
"Basic sediment pit"
means a pit used in
					 conjunction with a tank battery for storage of basic sediment removed from a
					 production vessel or from the bottom of an oil storage tank.
"Blowout"
means the uncontrolled escape of oil
					 or gas, or both, from any formation.
"Blowout preventer"
means a heavy casinghead
					 control fitted with special gates and/or rams which can be closed around the
					 drill pipe or which completely closes the top of the casing.
"Blowout preventer stack"
means the assembly
					 of well control equipment including preventers, spools, valves, and nipples
					 connected to the top of the casinghead.
"Business day"
means a day that is not a
					 Saturday, Sunday, or legal holiday.
"Carrier"
, or
"transporter"
, or
"taker"
means any person moving or transporting oil or gas away
					 from a lease or from any common source of supply.
"Casing pressure"
means the pressure within
					 the casing or between the casing and tubing at the wellhead.
"Choke manifold"
means an assembly of valves,
					 chokes, gauges, and lines used to control the rate of flow from the well when
					 the blowout preventers are closed.
"Class II fluids"
means substances which are
					 brought to the surface during oil and gas drilling, completion, production and
					 plugging, enhanced recovery, or natural gas storage operations.
"Closed pit system"
means steel tanks when
					 designated on an OCC Form 1000, unless otherwise stated, for the handling and
					 storage of drilling fluids and/or other deleterious substances produced,
					 obtained, or used in connection with the drilling, re-entry, or deepening of a
					 well.
"Closure"
means the practice of dewatering,
					 trenching, filling, leveling, terracing, and/or vegetating a pit site after its
					 useful life is reached in order to restore or reclaim the site to near its
					 original condition.
"Commercial disposal well"
means a well where
					 the operator receives and disposes of Class II fluids from multiple well
					 owners/operators and receives compensation for these services and where the
					 operator's primary business objective is to provide these services.
"Commercial pit"
is a disposal facility which
					 is authorized by Commission order and used for the disposal, storage, and
					 handling substances or soils contaminated by deleterious substances produced,
					 obtained, or used in connection with drilling and/or production operations.
					 This does not include a disposal well pit.
"Commercial recycling facility"
means a
					 facility that is authorized by Commission order to recycle materials defined as
					 deleterious substances in OAC
					 165:10-1-2. Such substances must
					 undergo at least one treatment process and must be recycled into a marketable
					 product for resale and/or have some beneficial use. This definition does not
					 include the reuse of drilling mud that was previously utilized in drilling or
					 plugging operations.
"Commercial soil farming"
means the practice
					 of soil farming or land applying drilling fluids and/or other deleterious
					 substances produced, obtained, or used in connection with the drilling of a
					 well or wells at an off-site location. Multiple applications to the same land
					 are likely.
"Commission"
means the Corporation Commission
					 of the State of Oklahoma.
"Common source of supply"
or
"pool"
means "that area which is underlaid or which, from
					 geological or other scientific data, or from drilling operations, or other
					 evidence, appears to be underlaid by a common accumulation of oil and/or gas;
					 provided that, if any such area is underlaid, or appears from geological or
					 other scientific data or from drilling operations, or other evidence, to be
					 underlaid by more than one common accumulation of oil or gas or both, separated
					 from each other by strata of earth and not connected with each other, then such
					 area shall, as to each said common accumulation of oil or gas or both, shall be
					 deemed a separate common source of supply." [52. O.S.A. §86.1(c)].
"Completion/fracture/workover pit"
means a pit
					 used for temporary storage of spent completion fluids, frac fluids, workover
					 fluids, drilling fluids, silt, debris, water, brine, oil scum, paraffin, or
					 other deleterious substances which have been cleaned out of the wellbore of a
					 well being completed, fractured, recompleted, or worked over.
"Condensate"
means a liquid hydrocarbon
					 which:
(A) Was produced as a liquid at
				  the surface,
(B) Existed as gas in
				  the reservoir, and
(C) Has an API
				  gravity greater than or equal to fifty degrees, unless otherwise
				  proven.
"Conductor casing"
means a casing string which
					 is often set and cemented at a shallow depth to support and protect the top of
					 the borehole from erosion while circulating and drilling the surface casing
					 hole.
"Conservation Division"
means the Division of
					 the Commission charged with the administration and enforcement of the rules of
					 this Chapter.
"Contingency plan"
is a written document which
					 provides for an organized plan of action for alerting and protecting the public
					 within an area of exposure following the accidental release of a potentially
					 hazardous volume of poisonous gas such as hydrogen sulfide.
"Contractor"
means any person who contracts
					 with another person for the performance of prescribed work.
"Cubic foot of gas"
means the volume of gas
					 contained in one cubic foot of space at an absolute pressure of 14.65 pounds
					 per square inch and at a temperature of 60°F. Conversion of volumes to
					 conform to standard conditions shall be made in accordance with Ideal Gas Laws
					 corrected for deviation from Boyle's Law when the pressure at point of
					 measurement is in excess of 200 pounds per square inch gauge.
"Date of completion"
means:
(A) For an oil well, the date that the well
				  first produces oil into the lease tanks through permanent wellhead
				  equipment.
(B) For a gas well, the
				  date of completion of a gas well is the date that gas is capable of being
				  delivered to a pipeline purchaser.
(C) For a well, which does not produce either
				  oil or gas, is the date on which attempts to obtain production from the well
				  cease.
"Day"
means a period of 24 consecutive hours.
					 For reporting purposes, it shall be from 7:00 a.m. to 7:00 a.m. the following
					 day.
"Deleterious substances"
means any chemical,
					 salt water, oil field brine, waste oil, waste emulsified oil, basic sediment or
					 mud produced or used in the drilling, development, production, transportation,
					 refining, and processing of oil, gas and/or brine mining.
"Design mud weight"
means the planned drilling
					 mud weight to be used. This mud weight is used in the design of the casing
					 strings.
"Design wellhead pressure"
means the maximum
					 anticipated wellhead pressure which is expected to be experienced on the inside
					 of the casing string and on wellhead equipment. This pressure is used to design
					 the casing string and to select wellhead equipment with sufficient working
					 pressure rating.
"Development"
means any work which actively
					 looks toward bringing in production, such as erecting rigs, building tankage,
					 drilling wells, etc.
"Directional drilling"
means intentional
					 changing of the direction of the well from the vertical.
"Director of Conservation"
means the person in
					 official charge of the Conservation Division.
"Discharge"
means the release or setting free
					 by any spilling, leaking, pumping, pouring, emitting, emptying, or dumping of
					 substances.
"Distressed well"
means a well authorized by
					 Commission order to produce at an unrestricted rate in the interest of public
					 safety due to technical difficulties which temporarily cannot be
					 controlled.
"Diverter"
means a device attached to the
					 wellhead to close the vertical access and direct any flow into a line away from
					 the rig. Diverters differ from blowout preventers in that flow is not stopped
					 but rather the flow path is redirected away from the rig.
"Duly authorized representative"
means, for
					 the purpose of underground injection well applications, that person or position
					 having a responsibility for the underground injection well.
"Emergency pit"
means a pit used for the
					 storage of excessive or unanticipated amounts of fluids during an immediate
					 emergency situation in the drilling or operation of a well, such as a well
					 blowout or a pipeline rupture. This does not include a spill prevention
					 structure required by local, state, or federal regulations.
"Enhanced recovery operation"
means the
					 introduction of fluid or energy into a common source of supply for the purpose
					 of increasing the recovery of oil therefrom according to a plan which has been
					 approved by the Commission after notice and hearing.
"Enhanced recovery well"
means a well
					 producing in an enhanced recovery operation in accordance with Commission
					 order.
"Exchangeable Sodium Percentage (ESP)"
is the
					 relative amount of the sodium ion present on the soil surface, expressed as a
					 percentage of the total Cation Exchange Capacity (CEC). Since the determination
					 of CEC is time consuming and expensive, a practical and satisfactory
					 correlation between the Sodium Adsorption Ratio (SAR) and ESP was established.
					 The SAR is defined elsewhere in this Section. ESP can be estimated by the
					 following empirical formula: ESP = 100 (-0.0126 + 0.01475 x SAR) / 1 + (-0.0126
					 + 0.01475 x SAR).
"Exempted aquifer"
means an aquifer or its
					 portion that meets the criteria in the definition of "underground source of
					 drinking water" or in the definition of "treatable water", but which has been
					 exempted according to the procedures in
					 165:5-7-28 and
					 165:10-5-14.
"Excess water"
means water that occurs when
					 storm water, meltwater, water derived from incoming product or other surface
					 water sources accumulates on a facility and combines, blends or mixes with a
					 deleterious substance.
"Facility"
means, for the purposes of
					 165:10-21-15, any building(s),
					 parts of a building, equipment, property, or vehicles that are actively engaged
					 in the reuse, recycling, or ultimate destruction of deleterious substances
					 pursuant to 68 O.S. Supp. 1986, §2357.14-§2357.20.
"Field"
means the general area underlaid by
					 one or more common sources of supply.
"Flare pit"
means a pit which contains flare
					 equipment and which is used for temporary storage of liquid hydrocarbons which
					 are sent to the flare but are not burned due to equipment malfunction. Flare
					 pits may be used in conjunction with tank batteries or wells.
"Flowing well"
means any well from which oil
					 or gas is produced naturally and without artificial lifting equipment.
"Fresh water strata"
means a strata from which
					 fresh water may be produced in economical quantities.
"Gas"
means any petroleum hydrocarbon existing
					 in the gaseous phase.
(A) Casinghead
				  gas means any gas or vapor, or both, indigenous to an oil stratum and produced
				  from such stratum with oil.
(B) Dry
				  gas or dry natural gas means any gas produced in which there are no appreciable
				  hydrocarbon liquids recoverable by separation at the wellhead.
(C) Condensate gas means any gas which is
				  produced with condensate as defined as "condensate".
"Gas allowable"
or
"allowable
					 gas"
means the amount of natural gas authorized to be produced from any
					 well by order of the Commission or as provided by statute.
"Gas lift"
means any method of lifting liquid
					 to the surface by injecting gas into the well bore from which production is
					 obtained.
"Gas repressuring"
means the injection of gas
					 into a common source of supply to restore or increase the gas energy of a
					 reservoir.
"GOR (Gas/Oil Ratio)"
means the ratio of the
					 gas produced in standard cubic feet to one barrel of oil produced during any
					 stated period. Condensate and load oil excepted under
					 165:10-13-6 shall not be
					 considered as oil for purposes of determining GOR.
"Hardship well"
means a well authorized by
					 Commission order to produce at a specified rate because reasonable cause exists
					 to expect that production below said rate would damage the well and cause
					 waste.
"Hydraulic fracturing operations"
means
					 operations on a well wherein fluid is applied for the express purpose of
					 initiating or propagating fractures in a target geologic formation.
"Hydrogen sulfide gas
					 (H2S)"
means a toxic poisonous gas with a
					 chemical composition of H2S which is sometimes found
					 mixed with and produced with fluids from oil and gas wells.
"Hydrologically sensitive area"
means a
					 principal bedrock aquifer, the recharge or potential recharge area of a
					 principal bedrock aquifer, or an unconsolidated alluvium or terrace deposit,
					 according to the Oklahoma Geological Survey "Maps Showing Principal Groundwater
					 Resources and Recharge Areas in Oklahoma" or other maps approved by the
					 Commission.
"Hydrostatic head"
or
"hydrostatic
					 pressure"
means the pressure which exists at any point in the wellbore
					 due to the weight of the column of fluid or gas above that point.
"Illegal gas"
means gas which has been
					 produced within the State from any well or wells in violation of any rule,
					 regulation, or order of the Commission, as distinguished from gas produced
					 within the State not in violation of any such rule, regulation, or order which
					 is "legal gas".
"Illegal oil"
means oil which has been
					 produced within the State from any well or wells in violation of any rule,
					 regulation or order of the Commission, as distinguished from oil produced
					 within the State not in violation of any such rule, regulation, or order which
					 is "legal oil".
"Intermediate casing"
means the casing string
					 or strings run after setting the surface casing and prior to setting the
					 production string or liner.
"Kick"
means the intrusion of formation
					 liquids or gas that results in an increase in circulation pit volume. Without
					 corrective measures, this condition can result in a blowout.
"Land application"
is the application of
					 deleterious substances and/or soils contaminated by deleterious substances to
					 the land for the purpose of disposal or land treatment; also known as soil
					 farming.
"Lease allowable"
means the total of the
					 allowables of the individual wells on the lease.
"Liner"
means a length of casing used downhole
					 as an extension to a previously installed casing string to case the hole for
					 further drilling operations and/or for producing operations.
"Meter"
means an instrument for measuring and
					 indicating or recording the volumes of gases or liquids.
"Mud"
means any mixture of water and clay or
					 other material as the term is commonly used in the industry.
"Multi-well system"
means two or more wells
					 that have intersecting well-bores or laterals.
"Multiple zone completion"
means the
					 completion of any well so as to permit the production from more than one common
					 source of supply, with such common sources of supply completely
					 segregated.
"Noncommercial pit"
means an earthen pit which
					 is located either on-site or off-site and is used for the handling, storage, or
					 disposal of deleterious substances or soils contaminated by deleterious
					 substances produced, obtained, or used in connection with the drilling and/or
					 operation of a well or wells, and is operated by the generator of the waste.
					 This does not include a disposal well pit.
"Normal pressure"
means a formation pore
					 pressure, proportional to depth, which is roughly equal to the hydrostatic
					 pressure gradient of a column of salt water (.465 psi/ft).
"Off-site reserve pit"
means a pit located
					 off-site which is used for the handling, storage, or disposal of drilling
					 fluids and/or cuttings.
"Oil"
or
"crude oil",
means, for
					 purposes of these regulations, any petroleum hydrocarbon, except condensate,
					 produced from a well in liquid form by ordinary production methods.
"Oil allowable"
or
"allowable
					 oil"
means the amount of oil authorized to be produced from any well by
					 order of the Commission.
"Operator"
means the person who is duly
					 authorized and in charge of the development of a lease or the operation of a
					 producing property.
"Overage"
means the oil or gas delivered to a
					 carrier, transporter, or taker in excess of the allowable set by the Commission
					 for any given period.
"Owner"
means the person or persons who have
					 the right to drill into and to produce from any common source of supply, and to
					 appropriate the production either for himself, or for himself and
					 others.
"Person"
means any natural person,
					 corporation, association, partnership, receiver, trustee, guardian, executor,
					 administrator, fiduciary, or representative of any kind, and shall include the
					 plural.
"Plug"
means the closing off, in a manner
					 prescribed by the Commission, of all oil, gas, and waterbearing formations in
					 any producing or nonproducing wellbore before such well is abandoned.
"Pollution"
means the contamination of fresh
					 water or soil, either surface or subsurface, by salt water, mineral brines,
					 waste oil, oil, gas, and/or other deleterious substances produced from or
					 obtained or used in connection with the drilling, development, producing,
					 refining, transporting, or processing of oil or gas within the State of
					 Oklahoma.
"Pool"
See "common source of supply".
"Potential"
means the properly determined
					 capacity of a well to produce oil or gas, or both, under conditions prescribed
					 by the Commission.
"Primary well"
means a wellbore that, as part
					 of a multi-well system, serves as the conduit through which oil and gas is
					 produced to the surface.
"Producer"
See "Operator" or "Owner".
"Production casing"
means the casing string
					 set above or through the producing zone of a well which serves the purpose of
					 confining and/or producing the well production fluids.
"Productivity index"
means the daily
					 production of oil in barrels per unit pressure differential between the static
					 reservoir pressure and the stabilized flowing pressure during flow at a stated
					 rate.
"Proration period"
means:
(A) The proration period for any well, other
				  than an unallocated gas well, shall be one calendar month which shall begin at
				  7 a.m. on the first day of such month and end at 7 a.m. on the first day of the
				  next succeeding month unless otherwise specified by order of the
				  Commission.
(B) The proration period
				  for any unallocated gas well shall be one calendar year which shall begin at
				  7:00 a.m. the first day of such year and end at 7:00 a.m. on the first day of
				  the next succeeding year unless otherwise specified by order of the
				  Commission.
"Public area"
means a dwelling place, a
					 business, church, school, hospital, school bus stop, government building, a
					 public road, all or any portion of a park, city, town, village, or other
					 similar area that can reasonably be expected to be populated by humans.
"Public street"
or
"road"
means
					 any federal, state, county, or municipal street or road owned or maintained for
					 public access or use.
"Public water supply well(s)"
or
"public
					 water well(s)"
means wells in a system for the provision to the public
					 of water for human consumption through pipes or other constructed conveyances,
					 and which wells are identified in a database maintained by the Oklahoma
					 Department of Environmental Quality.
"Purchaser"
or
"transporter"
means any person who acting alone or jointly with any person or persons, via
					 his own, affiliated or designated carrier, transporter, or taker, shall
					 directly or indirectly purchase, take, or transport by any means whatsoever or
					 otherwise remove from any lease, oil or gas, and/or other hydrocarbons produced
					 from any common source of supply in this State, excepting royalty portions from
					 leases owned by that person.
"Radius of exposure"
means that radius
					 constructed with the point of escape of poisonous (hydrogen sulfide) gas as its
					 starting point and its length calculated by use of the Pasquill-Gifford
					 equations.
"Reclaimed water"
means wastewater from
					 municipal wastewater treatment and/or public water supply treatment plants that
					 has gone through various treatment processes to meet specific water quality
					 criteria with the intent of being used in a beneficial manner.
"Reclaimer"
or
"reclamation
					 plant"
includes any person licensed by the Oklahoma Tax Commission
					 pursuant to 68 O.S.§1015.1 who reclaims or salvages or in any way removes
					 or extracts oil from waste products associated with the production, storage, or
					 transportation of oil including, but not limited to BS&W, tank bottoms, pit
					 and waste oil, and/or waste oil residue.
"Recomplete"
or
"recompletion"
means any operation to:
(A) Convert an
				  existing well from an injection well or disposal well, to a producing well,
				  or
(B) Add or change common sources
				  of supply in an existing well.
"Recycling"
is the reuse, processing,
					 reclaiming, treating, neutralizing, or refining of materials and by-products
					 into a product of beneficial use which, if discarded, would be deleterious
					 substances.
"Recycling/reuse pit"
means a pit which is
					 used for the storage and recycling or reuse of deleterious substances, is
					 located off-site, and is operated by the generator of the waste.
"Re-enter"
or
"re-entry"
is the
					 act of entering a plugged well for the purpose of utilizing said well for the
					 production of oil or gas, for the disposal of fluids therein, for a service
					 well, or for the salvaging of tubing or casing therefrom.
"Regular mail"
means first class United States
					 Mail, postage prepaid, and includes hand delivery. Wherever in OAC 165:10 a
					 person is directed to mail by regular mail, such directive shall not preclude
					 mailing by restricted mail.
"Remediation pit"
means a pit which is used
					 for the handling, storage, or disposal of deleterious substances and/or soils
					 contaminated by deleterious substances which are relocated to the pit for the
					 purpose of remediating a site which is known to be or suspected to be causing
					 pollution.
"Reserve pit"
or
"circulation
					 pit"
means a pit located either on-site or off-site which is used in
					 conjunction with a drilling rig for the handling, storage, or disposal of
					 drilling fluids and/or cuttings.
"Reservoir"
See "common source of
					 supply".
"Reservoir pressure"
means the static or
					 stabilized pressure in pounds per square inch existing at the face of the
					 formation of an oil or gas well.
"Reuse"
is the introduction (or
					 reintroduction) into an industrial, manufacturing, or disposal process of a
					 material which would otherwise be classified as a deleterious substance. A
					 material will be considered "used or reused" if it is either:
(A) Employed as an ingredient (including use
				  as an intermediate) in an industrial, manufacturing, or disposal process to
				  make or recover a product.
(B)
				  Employed in a particular function or application as an effective substitute for
				  a commercial product or non-deleterious substance.
"Rotating head"
means a rotating, pressure
					 sealing device used in drilling operations utilizing air, gas, foam, or any
					 other drilling fluid whose hydrostatic pressure is less than the formation
					 pressure.
"Secretary"
means the duly appointed and
					 qualified Secretary, Assistant Secretary or Acting Secretary of the Commission,
					 or any person appointed by the Commission to act as such Secretary during the
					 absence, inability, or disqualification of the Secretary to act.
"Separator"
means any apparatus for separating
					 oil, gas, and water as they are produced from a well at the surface.
"Service well"
means a well that, as part of a
					 multi-well system, is used for drilling laterals, stimulation, or maintenance,
					 or functions in any capacity other than as a conduit to the surface for the
					 production of oil and gas.
"Slick spot"
means a small area of soil having
					 a puddled, crusted, or smooth surface and an excess of exchangeable sodium. The
					 soil is generally silty or clayey, is slippery when wet, and is low in
					 productivity.
"Slit trench"
means a pit or bermed area at
					 the drilling site used for the temporary storage of drilling fluids and/or
					 cuttings to provide access for equipment to remove the contents off
					 site.
"Sodium Adsorption Ratio (SAR)"
means the
					 index which indicates the relative abundance of sodium ions in solution as
					 compared to the combined concentration of calcium and magnesium ions. It is
					 calculated as follows: SAR = (Na ppm/23.0) / sq. root of [ {(Ca ppm/20.02) +
					 (Mg ppm/12.16)} / 2] where Na=Sodium, Ca=Calcium, and Mg=Magnesium.
"Soil farming"
means the application of
					 oilfield drilling or produced wastes to the soil for the purpose of disposing
					 of the waste without being a detriment to water or land; also known as land
					 application.
"Spill containment pit"
mean a permanent pit
					 which is used for the emergency storage of oil and/or saltwater spilled as a
					 result of any equipment malfunction.
"Subnormal pressure"
means the formation pore
					 pressure, proportional to depth, which is less than a hydrostatic pressure
					 gradient of .465 psi/ft.
"Sulfide stress cracking"
means the cracking
					 phenomenon which is the result of corrosive action of hydrogen sulfide on
					 susceptible metals under stress.
"Surface casing"
means the first casing string
					 designed and run to protect the treatable water formations and/or control fluid
					 or gas flow from the well.
"Tank bottoms"
means the liquids and/or solids
					 in that portion of a storage facility below the sales line or connection that
					 are unsaleable to the crude oil first purchaser in its present form. Tank
					 bottoms may consist of a combination of several elements including, but not
					 limited to, oil, BS&W, and treating fluids.
"Treatable water"
means, for purposes of
					 setting surface casing and other casing strings, subsurface water in its
					 natural state, useful or potentially useful for drinking water for human
					 consumption, domestic livestock, irrigation, industrial, municipal, and
					 recreational purposes, and which will support aquatic life, and contains less
					 than 10,000 mg/liter total dissolved solids or less than 5,000 ppm chlorides.
					 Treatable water includes, but is not limited to, fresh water.
"Trenching"
means the practice of constructing
					 trenches in or adjacent to a pit for the purpose of relocating all or a portion
					 of the solids so as to facilitate closure.
"Truck wash pit"
means a pit used for the
					 temporary storage of fluids generated from the washing or cleaning of a motor
					 vehicle, trailer or container used to transport or store deleterious
					 substances.
"Ultimate destruction"
means the treatment of
					 a deleterious substance such that both its weight and volume remaining for
					 disposal have been substantially reduced, and there is no demonstrated process
					 or technology commercially available to further reduce its weight and volume
					 and remove or reduce its harmful properties, if any. For the purposes of
					 demonstrating a substantial reduction in weight and volume, any aqueous portion
					 separated from the balance of a waste that meets drinking water standards or is
					 evaporated into the ambient air shall count toward the weight and volume
					 reduction.
"Underage"
means the volume of allowable oil
					 or gas not actually delivered to a carrier, transporter, or taker during any
					 given proration period.
"Underground Source of Drinking Water (USDW)"
means an aquifer or its portion which:
(A) Supplies any public water system;
				  or
(B) Contains a sufficient
				  quantity of ground water to supply a public water system; and
(i) Currently supplies drinking water for
				  human consumption; or
(ii) Contains
				  fewer than 10,000 mg/l total dissolved solids; and