reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-25 - Reclamation of exploration wells

Current through Supplement No. 393, July, 2024
The plugging and reclamation of exploration wells to comply
				  with all applicable rules in
				  chapter
				  43-02-03, including
				  plugging and site reclamation. All lands disturbed during exploration for
				  geothermal resources are to be reclaimed to a condition consistent with prior
				  land use and productive capacity.
General Authority:
NDCC 38-19-03
Law Implemented:
NDCC
					 38-19-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-26 - Reclamation of facilities

Current through Supplement No. 393, July, 2024
The plugging and reclamation of all wells to comply with all
				  applicable rules in
				  chapter
				  43-02-03, including
				  plugging and site reclamation. All buildings and infrastructure are to be
				  removed. The site, access road, and other associated facilities constructed are
				  to be reclaimed to a condition consistent with prior land use and productive
				  capacity.
General Authority:
NDCC 38-19-03
Law Implemented:
NDCC
					 38-19-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-27 - Hearings - Complaint proceedings - Emergency proceedings - Other proceedings

Current through Supplement No. 393, July, 2024
1. Except as more
				specifically provided in North Dakota Century Code section 38-08-11, the rules
				of procedure established in subsection 1 of North Dakota Century Code section
				28-32-21 apply to proceedings involving a complaint and a specific-named
				respondent.
2. For proceedings that
				do not involve a complaint and a specific-named respondent the commission shall
				give at least fifteen days' notice (except in emergency) of the time and place
				of hearing thereon by one publication of such notice in a newspaper of general
				circulation in Bismarck, North Dakota, and in a newspaper of general
				circulation in the county where the land affected or some part thereof is
				situated, unless in some particular proceeding a longer period of time or a
				different method of publication is required by law, in which event such period
				of time and method of publication shall prevail. The notice must be issued in
				the name of the commission and must conform to the other requirements provided
				by law.
3. In case an emergency is
				found to exist by the commission which in its judgment requires the making of a
				rule or order without first having a hearing, the emergency rule or order has
				the same validity as if a hearing with respect to the same had been held after
				notice. The emergency rule or order permitted by this section remains in force
				no longer than forty days from its effective date, and in any event, expires
				when the rule or order made after due notice and hearing with respect to the
				subject matter of such emergency rule or order becomes effective.
Any person moving for a continuance of a hearing and who is
				  granted a continuance, shall submit a twenty-five dollar fee to the commission,
				  or if the cost of republication exceeds fifty dollars the commission may bill
				  the applicant to pay the cost of republication of notice of the hearing.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-28 - Investigatory hearings

Current through Supplement No. 393, July, 2024
The commission may hold investigatory hearings upon the
				  institution of a proceeding by application or by motion of the commission.
				  Notice of the hearing must be served upon all parties personally or by
				  certified mail at least five days before the hearing.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-29 - Official record

Current through Supplement No. 393, July, 2024
The evidence in each case heard by the commission, unless
				  specifically excluded by the hearing officer, includes the certified
				  directional surveys, and all geothermal resource production records, and all
				  injection records on file with the commission.
Any interested party may submit written comments on, or
				  objections to, the application prior to the hearing date. Such submissions must
				  be received no later than five p.m. on the last business day prior to the
				  hearing date and may be part of the record in the case if allowed by the
				  hearing examiner. Settlement negotiations between parties to a contested case
				  are only admissible as governed by North Dakota Century Code section 28-32-24,
				  although the hearing officer may strike such testimony from the record for good
				  cause.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-30 - Petitions for review of recommended order and oral arguments prohibited

Current through Supplement No. 393, July, 2024
Neither petitions for review of a recommended order nor oral
				  arguments following issuance of a recommended order and pending issuance of a
				  final order are allowed.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-31 - Notice of order by mail

Current through Supplement No. 393, July, 2024
The commission may give notice of an order by mailing the
				  order, and findings and conclusions upon which it is based, to all parties by
				  regular mail provided it files an affidavit of service by mail indicating upon
				  whom the order was served.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-32 - Service and filing

Current through Supplement No. 393, July, 2024
All pleadings, notices, written motions, requests, petitions,
				  briefs, and correspondence to the commission or commission employee from a
				  party (or vice versa) relating to a proceeding after its commencement, must be
				  filed with the director and entered in the commission's official record of the
				  procedure provided the record is open at the time of receipt. All parties must
				  receive copies upon request of any or all of the evidence in the record of the
				  proceedings. The commission may charge for
the actual cost of providing copies of evidence in the
				  record. Unless otherwise provided by law, filing is complete when the material
				  is entered in the record of the proceeding.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-33 - Designation of examiners

Current through Supplement No. 393, July, 2024
The commission by motion may designate and appoint qualified
				  individuals to serve as examiners. The commission may refer any matter or
				  proceeding to any legally designated and appointed examiner or
				  examiners.
General Authority:
NDCC 38-19-05
Law Implemented:
NDCC
					 38-19-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-34 - Powers and duties of examiner

Current through Supplement No. 393, July, 2024
The commission by motion may limit the powers and duties of
				  any examiner in any particular case to such issues or to the performance of
				  such acts as the commission deems expedient; however, subject only to such
				  limitation as may be ordered by the commission, the examiner or examiners to
				  whom any matter or proceeding is referred under this chapter have full
				  authority to hold hearings on such matter or proceeding in accordance with and
				  pursuant to this chapter. The examiner has the power to regulate all
				  proceedings before the examiner and to perform all acts and take all measures
				  necessary or proper for the efficient and orderly conduct of such hearing,
				  including ruling on prehearing motions, the swearing of witnesses, receiving of
				  testimony and exhibits offered in evidence, subject to such objections as may
				  be imposed, and shall cause a complete record of the proceedings to be made and
				  retained.
General Authority:
NDCC 38-19-05
Law Implemented:
NDCC
					 38-19-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-35 - Report of examiner

Current through Supplement No. 393, July, 2024
Upon conclusion of any hearing before an examiner, the
				  examiner promptly shall consider the proceedings in such hearing, and based
				  upon the record of such hearing, the examiner shall prepare a report and
				  recommendations for the disposition of the matter or proceeding by the
				  commission. Such report and recommendations either must be accompanied by a
				  proposed order or must be in the form of a proposed order and must be submitted
				  to the commission.
General Authority:
NDCC 38-19-05
Law Implemented:
NDCC
					 38-19-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-36 - Commission order from examiner hearing

Current through Supplement No. 393, July, 2024
After receipt of the report and recommendations of the
				  examiner, the commission shall enter its order disposing of the matter or
				  proceeding.
General Authority:
NDCC 38-19-05
Law Implemented:
NDCC
					 38-19-05
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07.1 - Deep Geothermal Energy Production › Section 43-02-07.1-37 - Prehearing motion practice

Current through Supplement No. 393, July, 2024
In a matter pending before the commission, all prehearing
				  motions must be served by the moving party upon all parties affected by the
				  motion. Service must be upon a party unless a party is represented by an
				  attorney, in which case service must be upon the attorney. Service must be made
				  by delivering a copy of the motion and all supporting papers in conformance
				  with one of the means of service provided for in Rule 5(b) of the North Dakota
				  Rules of Civil Procedure. Proof of service must be made as provided in Rule 4
				  of the North Dakota Rules of Civil Procedure or by the certificate of an
				  attorney showing that service has been made. Proof of service must accompany
				  the filing of a motion. Any motion filed without proof of service is not
				  properly before the commission.
General Authority:
NDCC 38-19-08
Law Implemented:
NDCC
					 38-19-08
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in  chapter 43-02-03 and North Dakota Century Code chapters 38-08 and
				  57-51.1, except:
1. "Commercial
				quantities" means production exceeding in value current operating
				costs.
2. "Condensate recovered in
				nonassociated production" means a liquid hydrocarbon recovered from a well
				classified as a gas well by the commission.
3. "Maximum efficient rate" means the maximum
				economic rate of production of oil which can be sustained under prudent
				operations, using sound engineering practices, without loss of ultimate
				recovery.
4. "Operator" means any
				person who owns a fee interest or an interest in an oil and gas leasehold, and
				has the right to produce oil therefrom.
5. "Qualifying period" means any preceding
				consecutive twelve-month period beginning after December 31, 1972, that the
				qualified maximum total production from a well or property did not exceed the
				production levels as specified in subsection 2 of section 43-02-08-03.
6. "Well depth":
a. For a vertical or directional well means
				the lowest measured depth (measured in feet from the kelly bushing) producing
				from the pool during the qualifying period. In the event there is more than one
				vertical or directional well on a property producing from the same pool during
				the qualifying period, "well depth" means the average of the lowest measured
				depths producing from the pool of all vertical and directional wells in the
				property.
b. For a horizontal well
				means the measured depth of the terminus of the horizontal lateral (measured in
				feet from the kelly bushing) producing from the pool during the qualifying
				period. In the event there is more than one horizontal well on a property
				producing from the same pool during the qualifying period, "well depth" means
				the average measured depth of the termini of the horizontal laterals producing
				from the pool of all of the horizontal wells on the property.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-02 - Application for stripper well or stripper well property determination

Current through Supplement No. 393, July, 2024
Any operator desiring to classify a well or property as a
				  stripper well or a stripper well property for purposes of exempting production
				  from the imposition of the oil extraction tax as provided under North Dakota
				  Century Code chapter 57-51.1 shall file an application for stripper well or
				  stripper well property determination with the director and obtain a
				  determination certifying the well or property as a stripper well property. The
				  applicant has the burden of establishing entitlement to stripper well or
				  stripper well property status and shall submit all data necessary for a
				  determination by the director.
The application must include the following:
1. The name and address of the applicant and
				the name and address of the person operating the well, if different.
2. The legal description of the well or
				property for which a determination is requested.
3. The well name and number and legal
				description of the oil-producing well or each oil-producing well on the
				property during the qualifying period and at the time of application.
4. The depth of all perforations (measured in
				feet from ground level) from the producing well or each producing well on the
				property during the qualifying period which produces from the same
				pool.
5. Designation of the well or
				property which the applicant requests to be certified as a stripper well or a
				stripper well property. Such designation must be accompanied by sufficient
				documentation for the director to determine (as set forth in section 43-02-08-02.1) that the well or property the applicant desires to be certified
				as a stripper well or a stripper well property constitutes a well or property
				as specified in North Dakota Century Code section 57-51.1-01.
6. The monthly production of the
				oil-producing well or each oil-producing well on the property during the
				qualifying period.
If the application does not contain sufficient information to
				  make a determination, the director may require the applicant to submit
				  additional information.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(d),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-02.1 - Property determination

Current through Supplement No. 393, July, 2024
The director recognizes the following as properties:
1. A unit.
2. A spacing unit.
3. Contiguous tracts within a
				lease.
4. A single well drilled and
				completed prior to July 1, 2013, is considered a single well stripper well
				property. A single well drilled and completed after June 30, 2013, is
				considered a single well stripper well.
Any well or portion of a property previously qualified as a
				  stripper well property may not be redesignated to be included in another
				  property unless approved by the commission after notice and hearing or unless
				  such property lies within a unitized common source of supply.
All wells on the property must have been completed prior to
				  July 1, 2013. A well completed after July 1, 2013, may not be added to an
				  existing property.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(d),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-03 - Director shall determine stripper well or stripper well property status

Current through Supplement No. 393, July, 2024
1. Upon receipt of an application for
				stripper well or stripper well property determination, the director shall
				review the application, information, or comments submitted by any interested
				person and all relevant information contained in the books, files, and records
				of the commission.
2. Stripper well
				or stripper well property status must be determined on the basis of the
				qualified maximum total production of oil from the well or property. In order
				to qualify production from a well or property as maximum total production, the
				oil-producing well or each oil-producing well on the property must have been
				maintained at the maximum efficient rate of production or is not capable of
				exceeding the production thresholds below if the well or property had been
				maintained at the maximum efficient rate of production throughout the
				twelve-month qualifying period.
a. A property
				meets the requirements of a stripper well property if the qualified maximum
				total production of oil from the property excluding condensate did not exceed
				the following:
(1) Production from a well with
				a well depth of six thousand feet [1828.8 meters] or less did not exceed an
				average of ten barrels per day;
(2)
				Production from a well with a well depth of more than six thousand feet [1828.8
				meters] but not more than ten thousand feet [3048.0 meters] did not exceed an
				average of fifteen barrels per day; or
(3) Production from a well with a well depth
				of more than ten thousand feet [3048.0 meters] did not exceed an average of
				thirty barrels per day.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-04 - Applicant adversely affected may submit amended application - Procedure

Current through Supplement No. 393, July, 2024
Any applicant adversely affected by a determination of the
				  director made under sections 43-02-08-02 through 43-02-08-03 may within thirty
				  days after the entry of such a determination submit an amended application. If
				  an amended application is submitted, the director shall issue a determination
				  of stripper well or stripper well property status within thirty days of the
				  receipt of the amended application or a reasonable time thereafter.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(d),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-05 - Person adversely affected may petition the commission - Procedure

Current through Supplement No. 393, July, 2024
Any person adversely affected by a determination of the
				  director of either an application or an amended application for stripper well
				  or stripper well property status made under sections 43-02-08-02 through 43-02-08-03 may within thirty days after the entry of such a determination
				  petition the commission for a hearing in accordance with the provisions of
				  North Dakota Century Code chapter 38-08 and  43-02-03.
General Authority:
NDCC 38-08-04(1)(e)
Law Implemented:
NDCC 38-08-04(1)(d),
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-08 - Stripper Well and Stripper Well Property Determination › Section 43-02-08-11 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
Any operator desiring to classify a well or property as a
				  stripper well property pursuant to this chapter shall make and keep records for
				  a period of not less than six years, covering their operations in North Dakota
				  from which they may be able to make and substantiate the reports required by
				  this chapter.
General Authority:
NDCC
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in chapter 43-02-03 and North Dakota Century Code chapters 38-08 and
				  57-51.1, except:
1. "Continuous employment" means the specific period of time
				  a workover rig has been obtained to perform a workover project on a qualifying
				  well.
2. "Continuous production" means production in the latest six
				  consecutive calendar months prior to filing the notice of intention to perform
				  a workover project during which the well produced an average of at least
				  fifteen days per month.
3. "Recompletion" means the subsequent completion of a well
				  in a different pool from the pool in which it is completed at the time of the
				  notice given pursuant to section
				  43-02-09-03.
4. "Reentry" means the entering of a well that has been
				  plugged.
5. "Workover" means the employment of a workover rig and
				  other services for the purpose of restoring or improving producing capability
				  of a well from the pool in which it is presently completed.
6. "Workover project" means the continuous employment of a
				  workover rig for workovers, recompletions, or reentries.
7. "Workover rig" means any rig used to perform work on a
				  workover project.
Upon approval by the commission, an applicant may obtain an
				  exception to the definition of "continuous production" set forth in subsection
				  2 if it is shown that the well was produced an average of less than fifteen
				  days per month because such method of operation was the most efficient and
				  allowed for approximately the same amount of production as would have resulted
				  had the well produced an average of fifteen or more days per month.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-02 - Exemption from taxes

Current through Supplement No. 393, July, 2024
Production from a well with an average daily production of no
				  more than fifty barrels of oil during the latest six calendar months of
				  continuous production, upon which a workover project has been performed, is
				  exempt from taxes imposed pursuant to North Dakota Century Code chapter 57-51.1
				  for twelve months beginning with the first day of the third calendar month
				  after the completion of a workover project if:
1. The commission has received a notice of
				intention to begin a workover project in accordance with section
				43-02-09-03.
2. A workover project is performed on the
				well.
3. The cost of the workover
				project exceeds sixty-five thousand dollars, or if the average daily production
				is increased at least fifty percent during the first two months after
				completion of the workover project, based upon a comparison to the average
				daily production for the latest six calendar months of continuous production
				prior to the filing of the notice of intention to begin a workover project.
For the exemption from the oil extraction tax for workover
				  projects pursuant to North Dakota Century Code section
				  57-51.1-03, the reentry of a
				  plugged and abandoned well is a workover project provided the cost of the
				  operation exceeds sixty-five thousand dollars.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-03 - Notice of intention to begin a workover project

Current through Supplement No. 393, July, 2024
If an exemption from taxation is sought pursuant to
				  subsection 4 of North Dakota Century Code section
				  57-51.1-03, a notice of intention
				  to begin a workover project must be filed by the well operator with the
				  commission prior to commencement of the project. The notice of intention must
				  be sent to the following address:
North Dakota State Industrial Commission
Oil and Gas Division
600 East Boulevard
Bismarck, ND 58505-0840
The notice of intention must include, but is not limited to,
				  the following:
1. A sundry notice
				(form 4) upon which it is indicated that it is a notice of intention to perform
				a workover project.
2. The sundry
				notice must contain a detailed description of the nature and scope of the
				workover project. The information provided must include a description of all
				replacement equipment to be installed that is known to the well operator at the
				time of filing, and whether such equipment is new or used.
3. The average daily production during the
				latest six calendar months of continuous production.
If required by the director, the operator of the well to be
				  worked over shall make arrangements to determine the crude oil inventory stored
				  on the well premises immediately before the commencement of the workover and
				  submit all gauge tickets for the month.
Workover projects must be completed within one year after the
				  initial notice of intention to perform a workover is filed. Thereafter such
				  notice is null and void.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-04 - Application for workover project determination

Current through Supplement No. 393, July, 2024
The applicant has the burden of establishing entitlement to
				  the exemption provided in North Dakota Century Code section
				  57-51.1-03 and upon completion of
				  the workover project shall submit all information necessary for a determination
				  by the director. The cost of a workover project includes only direct costs for
				  material, equipment, services, and labor used in the workover project. Labor
				  and services included must be performed onsite and materials and equipment must
				  be used onsite. The value of capital equipment removed from the site must be
				  deducted from the cost of the project.
The application must include the following:
1. The name and address of the applicant and
				the name and address of the person operating the well, if different.
2. The well name and number and legal
				description of the well.
3. The
				dates during which the workover rig was in service actually performing work on
				the workover project, and the date the workover was completed.
4. A detailed list identifying all labor,
				services, and materials used and equipment replaced during the workover
				project, the cost of each item, and whether the replacement equipment was new
				or used. Also, the value of all of the equipment removed from service must be
				listed. The list must be verified by a person knowledgeable in the costs of
				workover projects and the value of used equipment. At any time the director may
				require the applicant to submit actual invoices to verify any costs set forth
				in the application.
5. A sundry
				notice (form 4) detailing all work done.
6. The average daily oil production from the
				well during the first two months after completion of the project, if the costs
				of the project did not exceed sixty-five thousand dollars. The project is
				completed and the two-month period commences the first day of production
				through the wellhead equipment after the workover rig is removed from over the
				well.
7. All gauge tickets of oil
				produced in incomplete months during the first two months after completion of
				the workover, and the volume of oil stored on the well premises immediately
				prior to the commencement of the workover project.
If the application does not contain sufficient information to
				  make a determination, the director will advise the applicant of the additional
				  information that must be filed in order to make a determination. If the
				  requested additional information is not received within fifteen working days
				  after receipt of the request, the application will be returned to the
				  applicant.
General Authority: NDCC
					 38-08-04,
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-05 - Workover project determination

Current through Supplement No. 393, July, 2024
1. Upon
				receipt of an application for workover project determination, the director
				shall review the application, information, or comments submitted by an
				interested person and all relevant information contained in the books, files,
				and records of the commission.
2.
				Within thirty days of the receipt of a complete application for workover
				project determination, or a reasonable time thereafter, the director shall
				either grant or deny the application.
3. If an application for workover project
				determination is denied, the director shall enter a written determination
				denying the application and specifying the basis for denial. If an application
				is granted, the director shall enter a written determination granting the
				application.
4. A copy of the
				determination either granting or denying the application must be forwarded by
				the director by mail to the applicant and all other persons submitting written
				comments. It is the obligation of the applicant to notify and advise all other
				operators in the well and the purchaser of the crude oil of the determination
				of the director.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-06 - Notice to tax department

Current through Supplement No. 393, July, 2024
If the director determines a well is entitled to a tax
				  exemption under this chapter, the director shall send a notice to the state tax
				  commissioner stating:
1. That the
				workover project meets the requirements set forth in North Dakota Century Code
				section 57-51.1-03.
2. The name and number of the well.
3. The location of the well.
4. The name of the well operator
				applying for the tax exemption.
5.
				The date the notice of intention was filed.
6. The average daily production of the well
				during the latest six calendar months of continuous production prior to the
				commencement of the workover project.
7. The cost of the workover project.
8. The average daily production of
				the well as determined pursuant to subsection 7 of section
				43-02-09-04.
9. The dates during which the workover
				project was performed.
The notice required under this section must be signed by a
				  representative of the commission.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-07 - Petition for hearing

Current through Supplement No. 393, July, 2024
Any person adversely affected by a determination of the
				  director pursuant to subsection 4 of North Dakota Century Code section
				  57-51.1-03 or this chapter, within
				  thirty days after receiving notice of such determination, may petition the
				  commission for a hearing in accordance with the provisions of North Dakota
				  Century Code chapter 38-08 and chapter 43-02-03.
In the event the North Dakota tax department, pursuant to its
				  authority, determines an exemption was granted improperly pursuant to North
				  Dakota Century Code section
				  57-51.1-03, the tax department may
				  request a hearing on the exemption any time after the exemption was granted. If
				  after the hearing the commission determines an exemption was improperly
				  granted, it may revoke the exemption. The exemption may be revoked effective
				  the date the exemption was originally granted.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-09 - Workover Projects › Section 43-02-09-08 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All operators shall make and keep appropriate books and
				  records for a period of not less than six years, covering their operations in
				  North Dakota from which they may be able to make and substantiate the reports
				  required by this chapter.
General Authority: NDCC
					 57-51.1-03
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in chapter 43-02-03 and North Dakota Century Code chapters 38-08 and 57-51.1
				  except:
1. "New secondary recovery project" means a secondary
				  recovery project which results in incremental production.
2. "Normal production" means production from a unit obtained
				  in the same manner and from the same wells which produce approximately the same
				  amount of time.
General Authority: NDCC
					 38-08-04
Law Implemented: NDCC
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-02 - Application to certify a qualifying secondary recovery project

Current through Supplement No. 393, July, 2024
Any unit operator desiring to certify a secondary recovery
				  project as a "qualifying secondary recovery project" for purposes of
				  eligibility for the tax incentive provided in North Dakota Century Code chapter
				  57-51.1 shall submit to the director an application for certification of a
				  qualifying secondary recovery project. The unit operator has the burden of
				  establishing entitlement to certification and shall submit all data necessary
				  to enable the commission to determine whether the project is a qualifying
				  secondary recovery project, and is entitled to the tax exemption provided in
				  North Dakota Century Code section 57-51.1-03.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04,
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-03 - Commission certification of secondary recovery project

Current through Supplement No. 393, July, 2024
Upon the filing of an application for certification of a
				  qualifying secondary recovery project, the commission shall promptly set a date
				  for hearing. In determining whether a secondary recovery project shall be
				  certified as a "qualifying secondary recovery project", the commission shall
				  determine:
1. The amount of crude oil
				which would have been recovered from the unit source of supply if the secondary
				recovery project had not been commenced; and
2. Whether, for the purposes of a tax
				exemption and subsequent thereto the tax reduction, there has been incremental
				production.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04,
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-04 - Application to certify a qualifying tertiary recovery project

Current through Supplement No. 393, July, 2024
Any unit operator desiring to certify a tertiary recovery
				  project as a "qualifying tertiary recovery project" for purposes of eligibility
				  for the tax incentive provided in North Dakota Century Code chapter 57-51.1
				  shall submit to the director an application for certification of a qualifying
				  tertiary recovery project. The unit operator has the burden of establishing
				  entitlement to certification and shall submit all data necessary to enable the
				  commission to determine whether the project is a qualifying tertiary recovery
				  project, and is entitled to the tax exemption provided in North Dakota Century
				  Code section 57-51.1-03.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04,
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-05 - Commission certification of tertiary recovery project

Current through Supplement No. 393, July, 2024
Upon the filing of an application for certification of a
				  qualifying tertiary recovery project, the commission shall promptly set a date
				  for hearing. In determining whether a tertiary recovery project shall be
				  certified as a "qualifying tertiary recovery project", the commission shall
				  determine:
1. Whether the tertiary
				recovery project meets the requirements of the tertiary recovery methods
				specified in subsection 6 of North Dakota Century Code section
				57-51.1-01;
2. The amount of crude
				oil which would have been recovered from the unit source of supply if the
				tertiary recovery project had not been commenced;
3. Whether the tertiary recovery project has
				achieved for at least one month an average production level of at least fifteen
				percent above the amount of production which would have been recovered from the
				unit source of supply (as determined in subsection 2) if the tertiary recovery
				project had not been commenced; and
4. Whether, for the purposes of the tax
				exemption, there has been incremental production.
The commission shall, upon application or its own motion,
				  have a hearing to determine whether the project operator continues to operate
				  the unit as a qualifying tertiary recovery project.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04,
					 57-51.1-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-07 - Incremental production determination for a tertiary recovery project

Current through Supplement No. 393, July, 2024
1.
a.In a
				unit where there has not been a secondary recovery project and a tertiary
				project is commenced, the commission will establish a primary production
				decline curve. In such instance, incremental production is the production above
				the established primary production decline curve which production is a result
				of the tertiary recovery project.
b. The total amount of oil that would have
				been produced from the unit if the tertiary recovery project had not been
				commenced will be determined by the commission through the use of a
				computer-generated production decline curve developed by software used by the
				commission at the time of certification. The decline curve will be a production
				versus time plot. The oil production and the time used to develop the curve
				will be that production occurring and period of time from the latest peak in
				production through the last month of oil production prior to the month in which
				the tertiary recovery project operations commence. However, the director shall
				have discretionary authority to select a different period of time to establish
				the decline curve if deemed necessary to obtain a more accurate estimate of the
				ultimate primary production.
c.
				The production decline curve established in subdivision b of this subsection is
				projected from the end of the last month in which production was used to
				develop the primary decline curve to a producing rate of one barrel of oil per
				well per day. All production above the projected decline curve is incremental
				production and production below the decline curve is primary production. The
				total projected primary production, on a monthly basis in numerical form, is
				derived from the projected primary production decline curve. A copy of the
				projected monthly primary production, in numerical form, will be furnished to
				the unit operator and the tax commissioner.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production › Section 43-02-10-08 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
Any unit operator desiring to certify a secondary recovery
				  project shall make and keep appropriate books and records for a period of not
				  less than six years, covering their operations in North Dakota from which they
				  may be able to make and substantiate the reports required by this chapter.
General Authority: NDCC
					 38-08-04
Law Implemented: NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-11 - Certification of Shallow Gas Wells, and Two-Year Inactive Wells › Section 43-02-11-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in chapter 43-02-03 and North Dakota Century Code chapter 38-08 except
				  shallow gas and shallow gas zone are defined under North Dakota Century Code
				  chapter 57-51.1.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04, 57-51-01,
					 57-51.1-03
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-11 - Certification of Shallow Gas Wells, and Two-Year Inactive Wells › Section 43-02-11-02 - Application to certify as qualifying a horizontal well, horizontal reentry well, or two-year inactive well for taxable events occurring through December 31, 2015 (Repealed)

Current through Supplement No. 393, July, 2024
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-11 - Certification of Shallow Gas Wells, and Two-Year Inactive Wells › Section 43-02-11-02.1 - Application to certify as a shallow gas well

Current through Supplement No. 393, July, 2024
Any operator desiring to certify a shallow gas well for
				  purposes of eligibility for the tax incentive provided in North Dakota Century
				  Code chapter 57-51 shall submit to the director an application for
				  certification of the well. The operator has the burden of establishing
				  entitlement to certification and shall submit all data necessary to enable the
				  commission to determine whether the well qualifies and is entitled to the tax
				  exemption provided in North Dakota Century Code section
				  57-51-02.4.
General Authority: NDCC
					 38-08-04
Law Implemented: NDCC
					 38-08-04,
					 57-51-01
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-11 - Certification of Shallow Gas Wells, and Two-Year Inactive Wells › Section 43-02-11-07 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
Any operator desiring to certify a shallow gas well shall
				  make and keep appropriate books and records for a period of not less than six
				  years, covering their operations in North Dakota from which they may be able to
				  make and substantiate the reports required by this chapter.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04,
					 57-51
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-11 - Certification of Shallow Gas Wells, and Two-Year Inactive Wells › Section 43-02-11-08 - Application for tax exemption for a shallow gas well

Current through Supplement No. 393, July, 2024
The application must include the following:
1. The name and address of the applicant and
				the name and address of the person operating the well if different.
2. The name and number of the well and the
				legal description of the surface location of the well for which a determination
				is requested.
3. The date the well
				was spudded and its completion date.
4. The name and the depth to the bottom of
				the productive strata or formation.
If the application does not contain sufficient information to
				  make a determination, the director may require the applicant to submit
				  additional information.
General Authority:
NDCC 38-08-04
Law Implemented:
NDCC 38-08-04,
					 57-51