reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-06 - Royalty Statements › Section 43-02-06-01 - Royalty owner information statement

Current through Supplement No. 393, July, 2024
Whenever payment is made for oil or gas production to an
				  interest owner, whether pursuant to a division order, lease, servitude, or
				  other agreement, all of the following information must be included on the check
				  stub or on an attachment to the form of payment, unless the information is
				  otherwise provided on a regular monthly basis:
1. The lease, property, or well name or any
				lease, property, or well identification number used to identify the lease,
				property, or well; provided, that if a lease, property, or well identification
				number is used, the royalty owner must initially be provided the lease,
				property, or well name to which the lease, property, or well name
				refers.
2. The month and year
				during which sales occurred for which payment is being made.
3. One hundred percent of the corrected
				volume of oil, regardless of ownership, which is sold measured in barrels, and
				one hundred percent of the volume of either wet or dry gas, regardless of
				ownership, which is sold or removed from the premises for the purpose of sale,
				or sale of its contents and residue, measured in thousand cubic feet.
4. Price.
a.
				Oil. Weighted average price per barrel received by the producer for all oil
				sold during the period for which payment is made. The price must be the net
				price received by the producer after all deductions.
b. Gas and natural gas liquids. Weighted
				average price per thousand cubic feet [28.32 cubic meters] received by the
				producer for all gas sold and weighted average price per gallon received by the
				producer for all natural gas liquids sold during the period for which payment
				is made. The price must be the net price received by the producer after all
				deductions.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-06 - Royalty Statements › Section 43-02-06-01.1 - Ownership interest information statement

Current through Supplement No. 393, July, 2024
Within one hundred twenty days after the end of the month of
				  the first sale of production from a well or change in the spacing unit of a
				  well or a decimal interest in a mineral owner, the operator or payor shall
				  provide the mineral owner with a statement identifying the spacing unit for the
				  well, and the effective date of the spacing unit change or decimal interest
				  change if applicable, the net mineral acres owned by the mineral owner, the
				  gross mineral acres in the spacing unit, and the mineral owner's decimal
				  interest that will be applied to the well.
General Authority:
NDCC 38-08-06.3
Law Implemented:
NDCC
					 38-08-06.3
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-06 - Royalty Statements › Section 43-02-06-03 - Annual stored gas information statement

Current through Supplement No. 393, July, 2024
Any person required to submit information, as provided by
				  this chapter, to a royalty owner shall, if gas either wholly or partially owned
				  by a royalty owner is being placed into storage off the leased premises,
				  provide the royalty owner with an annual statement containing the following
				  information:
1. Total corrected
				volume of gas measured in standard thousand cubic feet (MCF) in storage at the
				beginning of the calendar year;
2.
				Total corrected volume of gas measured in thousand cubic feet added each month
				to storage during the calendar year;
3. Total corrected volume of gas measured in
				thousand cubic feet removed each month from storage during the calendar year;
				and
4. Total corrected volume of
				gas measured in thousand cubic feet in storage at the end of the calendar year.
The information required by this section must be supplied for
				  all royalty owner gas placed into storage after December 31, 1986, and must be
				  mailed to the royalty owner annually no later than March thirty-first
				  immediately following each calendar year covered by the statement.
General Authority: NDCC
					 38-08-06.3
Law Implemented: NDCC
					 38-08-06.3
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-06 - Royalty Statements › Section 43-02-06-04 - 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
					 38-08-06.3
Law Implemented: NDCC
					 38-08-06.3
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07 - Geothermal Energy Production › Section 43-02-07-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapter 38-19, except:
1. "Closed-loop system" means any geothermal energy
				  extraction facility, vertical, horizontal, or otherwise, in which a fluid is
				  permanently confined within pipe or tubing and does not come in contact with
				  the outside environment.
2. "Commission" means the industrial commission of this
				  state.
3. "Contaminant" means any physical, chemical, biological, or
				  radiological substance or matter in water.
4. "Deep well" means any well drilled into rocks older than
				  the greenhorn formation or which encounters brackish or saline formation waters
				  to develop or produce geothermal energy.
5. "Injection well" means a well into which fluids are being
				  injected.
6. "Open-loop system" means any geothermal energy extraction
				  facility in which water is extracted for heating or cooling purposes and is
				  reinjected into the subsurface or disposed of at the surface.
7. "Person" means and includes any natural person,
				  corporation, association, partnership, receiver, trustee, executor,
				  administrator, guardian, fiduciary, or other representative of any kind and
				  includes any department, agency or instrumentality of the state, or of any
				  governmental subdivision thereof.
8. "Shallow well" means any well drilled into rocks younger
				  than the belle fourche formation and does not encounter saline or brackish
				  formation waters to develop or produce geothermal energy.
9. "Substantial modification" means the construction or
				  installation of any addition, or any restoration or renovation, of a geothermal
				  energy extraction facility which increases or decreases its heating or cooling
				  capacity, significantly alters its physical configuration, or impairs or
				  improves its physical integrity. In all cases, the determination of
				  "substantial modification" must be made by the state geologist.
10. "Underground source of drinking water" means an aquifer
				  or its portion which supplies drinking water for human consumption or in which
				  the ground water contains fewer than ten thousand milligrams per liter total
				  dissolved solids.
11. "Well" means a bored, drilled or driven shaft, or a dug
				  hole, whose depth is greater than the largest surface dimension.
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 - Geothermal Energy Production › Section 43-02-07-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter is of statewide application and has been adopted
				  by the commission to conserve the natural resources of this state, to prevent
				  waste, to protect the correlative rights of all owners, to prevent the
				  contamination of underground sources of drinking water, and to avoid creation
				  of secondary hazards of geologic nature. These rules do not apply to deep-well
				  geothermal resources regulated under chapter 43-02-07.1. The commission may
				  grant exceptions to this chapter, after due notice and hearing, when such
				  exceptions will result in the prevention of waste and operation in a manner to
				  protect correlative rights.
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 - Geothermal Energy Production › Section 43-02-07-03 - Powers and duties

Current through Supplement No. 393, July, 2024
The state geologist shall act as a supervisor charged with
				  the duty of enforcing the regulations and orders of the commission applicable
				  to geothermal energy extraction facilities. All applications, correspondence,
				  protests, and other communications shall be addressed to the state geologist as
				  follows:
state Geologist 600
East Boulevard
Bismarck, ND 58505
(701)328-8000
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 - Geothermal Energy Production › Section 43-02-07-04 - Authority to cooperate with other agencies

Current through Supplement No. 393, July, 2024
The commission may from time to time enter into arrangements
				  with state and federal agencies, industry, and individuals with respect to
				  special projects, services, and studies relating to geothermal energy.
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 - Geothermal Energy Production › Section 43-02-07-05 - Prohibition of movement of fluids into underground sources of drinking water

Current through Supplement No. 393, July, 2024
No producer may construct, operate, maintain, convert, plug,
				  or abandon any geothermal energy extraction facility in a manner which causes
				  or allows movement of fluid containing any contaminant into underground sources
				  of drinking water or which may adversely affect human health. The applicant for
				  a permit has the burden to prove that the requirements of this section are met.
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 - Geothermal Energy Production › Section 43-02-07-06 - Permit required

Current through Supplement No. 393, July, 2024
A permit is required prior to the commencement of operations
				  for the drilling, boring, excavating, or construction of a new geothermal
				  energy extraction facility, or substantial modification of an existing
				  geothermal energy extraction facility loop field. A permit is not required for
				  facilities that use a treated municipal water supply as its sole source of
				  water. A permit may be required by the state department of health or the water
				  utility, or both, for facilities hooked into a municipal water supply. The
				  state geologist may grant a permit upon receipt of a permit application on a
				  form provided by the commission, the furnishing of a bond (if required) as
				  provided in section
				  43-02-07-08, and
				  the payment of a fee of one hundred dollars for each commercial facility permit
				  or twenty dollars for each residential facility permit. The state geologist may
				  waive the fee requirement if the applicant is an instrumentality of the state.
				  The application for a permit must be accompanied by an accurate plat showing
				  the location of the proposed facility with reference to the nearest lines of a
				  governmental section.
The state geologist may deny all or part of an application
				  for permit if the construction of a geothermal energy extraction facility would
				  violate correlative rights or would cause, or tend to cause, waste, damage to
				  the environment, or contaminate underground sources of drinking water. The
				  applicant may appeal the decision of the state geologist to the commission. The
				  state geologist may add stipulations to the permit.
General Authority:
NDCC 38-19-03
Law Implemented:
NDCC 38-19-03,
					 38-19-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07 - Geothermal Energy Production › Section 43-02-07-07 - Modification or revocation and reissuance of permit -Termination of permit - Transfer or renewal of permit

Current through Supplement No. 393, July, 2024
1.
Modification or revocation and reissuance of permit.
a. The commission may modify or revoke and
				reissue a permit if there are substantial alterations or additions to the
				permitted facility, or if the standards or regulations on which the permit was
				based have been changed by promulgation of amended standards or regulations or
				by judicial decision after the permit was issued.
b. When a permit is modified, only the
				conditions subject to modification are reviewed. If a permit is revoked and
				reissued, the entire permit is reviewed and subject to revision and the permit
				is reissued for a new term.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-07 - Geothermal Energy Production › Section 43-02-07-09 - Proof of financial responsibility

Current through Supplement No. 393, July, 2024
The permittee shall maintain financial responsibility and
				  resources to close, plug, and abandon the geothermal energy extraction facility
				  according to this chapter. The permittee shall show evidence of financial
				  responsibility to the commission by the submission of surety bond, or other
				  adequate assurance, such as financial statements or other materials acceptable
				  to the commission.
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 - Geothermal Energy Production › Section 43-02-07-10 - Technical requirements

Current through Supplement No. 393, July, 2024
All wells must be made by a certified water or monitoring
				  well contractor. All open-loop geothermal energy extraction facility wells must
				  be in compliance with article 33-18. The location and construction of the
				  borehole of closed-loop geothermal energy extraction facilities must be in
				  compliance with 33-18.
All geothermal energy extraction facilities, including
				  horizontal-loop facilities, must be approved by the state geologist prior to
				  installation.
All heat transfer fluids and additives must be approved for
				  use by the state geologist.
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 - Geothermal Energy Production › Section 43-02-07-11 - Completion report and basic data collected

Current through Supplement No. 393, July, 2024
Within thirty days after the completion of any geothermal
				  energy extraction facility, a completion report must be filed with the state
				  geologist, on a form prescribed by the commission.
The following basic data developed by the producer must be
				  delivered, free of charge, to the state geologist, if requested, within six
				  months of the filing of the completion report:
1. Washed and packaged sample cuts, core
				chips, or whole cores minus those portions of cores used for necessary testing
				or analysis in which case the results of testing, the analysis, and the
				description of missing portions shall be submitted to the state geologist upon
				request. Sample cuttings must be packaged in standard sample envelopes which in
				turn must be placed in proper order in a standard sample box and carefully
				identified as to producer, well location, and depth of sample.
2. Sample logs, radioactivity logs,
				resistivity logs, or other types of electrical or mechanical logs.
3. Elevation and location information on the
				data collection points.
4. Other
				pertinent information as may be requested by the state geologist.
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 - Geothermal Energy Production › Section 43-02-07-12 - Production reports

Current through Supplement No. 393, July, 2024
The producer of each and every open-loop geothermal energy
				  extraction facility shall on or before the first day of February of each year
				  file with the state geologist a sworn statement showing the quantities,
				  temperatures, and nature of products extracted from or by means of any facility
				  during the month and the ultimate disposition of such products.
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 - Geothermal Energy Production › Section 43-02-07-13 - Records to be kept

Current through Supplement No. 393, July, 2024
All producers of geothermal energy within this state shall
				  make and keep appropriate books and records for a period not less than ten
				  years, from which they may be able to make and substantiate the reports
				  required by this chapter.
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 - Geothermal Energy Production › Section 43-02-07-14 - Disposal of unusable products

Current through Supplement No. 393, July, 2024
The surface disposal or underground injection of unusable
				  products or waste produced from a geothermal energy extraction facility must
				  satisfy additional state laws and regulations. The state department of health
				  must be notified of the disposal method and may require a permit under North
				  Dakota Century Code chapter 61-28 or North Dakota Administrative Code
				  article 33.1-25.
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 - Geothermal Energy Production › Section 43-02-07-15 - Plugging and abandonment

Current through Supplement No. 393, July, 2024
Notice of intention to abandon any geothermal energy
				  extraction facility must be filed with the state geologist by the producer
				  prior to the commencement of plugging operations, on a form prescribed by the
				  state geologist. The notice must state the name and location of the well or
				  well field and the name of the producer.
Before any geothermal energy extraction facility is
				  abandoned, it must be plugged in a manner which will confine permanently all
				  subsurface minerals, oil, gas, and water in the separate strata originally
				  containing them. This operation must be accomplished by the use of mud-laden
				  fluid, cement, and plugs, used singly or in combination as may be approved by
				  the state geologist. Casing must be cut off three feet [.91 meters] below the
				  surface of the ground. The top plug in any hole must be set at least three feet
				  [.91 meters] below ground level, and the land surface must be restored as
				  nearly as possible to its original condition.
Shallow closed-loop systems using an approved heat transfer
				  fluid may, upon approval of the state geologist, be abandoned by permanently
				  sealing all of the loop ends and burying all pipes at least three feet [.91
				  meters] below ground. Closed-loop systems must be completely purged of heat
				  transfer fluid prior to plugging. This fluid must be disposed of in accordance
				  with the provisions of North Dakota Century Code chapter 61-28 and other state
				  laws and regulations.
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 43-02-07.1-01 - Definitions

Current through Supplement No. 393, July, 2024
The terms used throughout this chapter have the same meaning
				  as in North Dakota Century Code chapters 38-08 and 38-19 except:
1. "Certified or registered mail" means any
				form of service by the United States postal service, federal express, Pitney
				Bowes, and any other commercial, nationwide delivery service that provides the
				mailer with a document showing the date of delivery or refusal to accept
				delivery.
2. "Contaminant" means
				any physical, chemical, biological, or radiological substance or matter in
				water.
3. "Deep geothermal well"
				means any well drilled into rocks older than the Greenhorn Formation which
				encounters hot water or hot brines to develop or produce energy from deep-well
				geothermal resources.
4. "Facility"
				includes all surface structures (buildings, slabs or pads, pipelines, etc.) for
				the production of energy from deep-well geothermal resources as well as all
				subsurface structures, including deep geothermal and injection wells.
5. "Injection well" means a well into which
				fluids resulting from the development or production of energy from deep-well
				geothermal resources are being injected.
6. "Occupied dwelling" or "permanently
				occupied dwelling" means a residence that is lived in by a person at least six
				months throughout a calendar year.
8. "Pool" means an underground reservoir
				containing a common accumulation of geothermal energy; each zone of a structure
				that is completely separated from any other zone in the same structure is a
				pool, as that term is used in this chapter.
9. "Underground source of drinking water"
				means an aquifer or its portion that supplies drinking water for human
				consumption or in which the ground water contains fewer than ten thousand
				milligrams per liter total dissolved solids.
10. "Well" means a bored, drilled or driven
				shaft, or a dug hole, whose depth is greater than the largest surface
				dimension.
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 43-02-07.1-02 - Scope of chapter

Current through Supplement No. 393, July, 2024
This chapter contains general rules of statewide application
				  which have been adopted by the industrial commission to conserve the natural
				  resources of North Dakota, to prevent waste, and to provide for operation in a
				  manner as to protect correlative rights of all owners of deep-well geothermal
				  resources. These rules do not apply to geothermal resource wells regulated
				  under
				  chapter
				  43-02-07 which are used
				  for the purpose of heating and cooling in ground- or water-source heat pump
				  systems. The commission may grant exceptions to this chapter, after due notice
				  and hearing, when such exceptions will result in the prevention of waste and
				  operate in a manner to protect correlative rights.
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 43-02-07.1-03 - Enforcement of laws, rules, and regulations dealing with conservation, exploration, and development of deep-well geothermal resources

Current through Supplement No. 393, July, 2024
The commission, its agents, representatives, and employees
				  are charged with the duty and obligation of enforcing all rules and statutes of
				  North Dakota relating to geothermal resources. However, it is the
				  responsibility of all owners, operators, and contractors to obtain information
				  pertaining to the regulation of geothermal resources before operations have
				  begun.
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 43-02-07.1-04 - Waste prohibited

Current through Supplement No. 393, July, 2024
All operators, contractors, drillers, carriers, service
				  companies, and all other persons shall at all times conduct their operations in
				  the drilling, equipping, operating, producing, plugging, and site reclamation
				  of a geothermal energy extraction facility in a manner that will prevent waste
				  and the movement of fluid containing any contaminant into underground sources
				  of drinking water or which may adversely affect human health.
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 43-02-07.1-05 - United States government leases

Current through Supplement No. 393, July, 2024
The commission recognizes that all persons drilling and
				  producing on United States government land shall comply with the United States
				  government regulations. Such persons also shall comply with all applicable
				  state rules and regulations. Copies of the sundry notices, reports on wells,
				  and well data required by this chapter of the wells on United States government
				  land must be furnished to the commission at no expense to the commission.
				  Federal forms may be used when filing such notices and reports except for
				  reporting the plugging and abandonment of a well. In such instance, the
				  plugging record must be filed on a form approved by the commission.
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 43-02-07.1-06 - Forms upon request

Current through Supplement No. 393, July, 2024
Forms for written notices, requests, and reports required by
				  the commission must be furnished upon request. These forms must be of such
				  nature as prescribed by the commission to cover proposed work and to report the
				  results of completed work.
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 43-02-07.1-07 - Authority to cooperate with other agencies

Current through Supplement No. 393, July, 2024
The commission may from time to time enter arrangements with
				  state and federal agencies, industry, and individuals with respect to special
				  projects, services, and studies relating to geothermal energy.
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 43-02-07.1-08 - Organization reports

Current through Supplement No. 393, July, 2024
Every person acting as principal or agent for another or
				  independently engaged in the drilling of deep geothermal wells, or in the
				  exploration, production, reclaiming, treating, and disposal of geothermal
				  resources in North Dakota immediately shall file with the state geologist the
				  name under which such business is being conducted or operated; and name and
				  post office address of such person, the business or businesses in which the
				  person is engaged; the plan of organization, and in case of a corporation, the
				  law under which it is chartered; and the names and post office addresses of any
				  person acting as trustee, together with the names and post office addresses of
				  any officials thereof on an organization report on a form approved by the
				  commission. In each case in which such business is conducted under an assumed
				  name, such organization report shall show the names and post office
addresses of all owners in addition to the other information
				  required. A new organization report must be filed when and if there is a change
				  in any of the information contained in the original report.
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 43-02-07.1-09 - Reservoir surveys

Current through Supplement No. 393, July, 2024
By special order of the commission, periodic surveys may be
				  made of the reservoirs in this state containing geothermal resources. These
				  surveys must be thorough and complete and must be made using methods approved
				  by the director. The condition of the reservoirs containing geothermal
				  resources and the practices and methods employed by the operators must be
				  investigated.
All operators of deep geothermal and injection wells shall
				  permit and assist the agents of the commission in making any and all special
				  tests that may be required by the commission on any or all wells.
All geophysical operations must comply with North Dakota
				  Century Code chapter 38-08.1.
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 43-02-07.1-10 - Access to sites and records

Current through Supplement No. 393, July, 2024
The commission, director, and their representatives shall
				  have access to all records wherever located. All owners, operators, drilling
				  contractors, drillers, service companies, or other persons engaged in drilling,
				  completing, producing, operation, or servicing wells or constructing,
				  servicing, and maintaining facilities shall permit the commission, director,
				  and their representatives to come upon any property, well, or drilling rig
				  operated or controlled by them, complying with state safety rules, and to
				  inspect the records and operation, and to have access at all times to any and
				  all records. If requested, copies of such records must be filed with the
				  commission.
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 43-02-07.1-11 - Exploration well bond

Current through Supplement No. 393, July, 2024
Before any person receives a permit to drill a well while
				  exploring for geothermal resources, the person shall submit to the commission
				  and obtain its approval of a surety bond or cash bond. An alternative form of
				  security may be approved by the commission after notice and hearing, as
				  provided by law. The operator of such well must be the principal on the bond
				  covering the well. Each surety bond must be executed by a responsible surety
				  company authorized to transact business in North Dakota. The bond must be based
				  upon the projected total depth of the well and the surface restoration costs.
				  Bonds must be conditioned upon full compliance with North Dakota Century Code
				  chapter 38-19, and all administrative rules and orders of the commission. The
				  well bonds eventually can be transferred to the facility bond if both are under
				  the same operator. If the well operator and the facility operator are not one
				  and the same, the well bonds continue until the well has been satisfactorily
				  plugged, which must include practical reclamation of the well site and
				  appurtenances; and all logs, plugging records, and other pertinent data
				  required by statute or rules and orders of the commission are filed and
				  approved.
Bond termination.
The commission, in writing,
				  shall advise the principal and any sureties on any bond as to whether the
				  plugging and reclamation is approved. If approved, liability under such bond
				  may be terminated formally upon receipt of a written request by the principal.
				  The request must be signed by an officer of the principal or a person
				  authorized to sign for the principal.
Director's authority.
The director is vested
				  with the power to act for the commission as to all matters within this section,
				  except requests for alternative forms of security, which only may be approved
				  by the commission. The commission may refuse to accept a bond if the operator
				  or surety company has failed in the past to comply with statutes, rules, or
				  orders relating to the operation of wells; if a civil or administrative action
				  brought by the commission is pending against the operator or surety company; or
				  for other good cause.
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 43-02-07.1-12 - Facility bond

Current through Supplement No. 393, July, 2024
Before any person receives a permit to construct a facility
				  for the development or production of deep-well geothermal resources, the person
				  shall submit to the commission and obtain its approval of a surety bond or cash
				  bond. An alternative form of security may be approved by the commission after
				  notice and hearing, as provided by law. The operator of such facility must be
				  the principal on the bond covering the facility. The amount of the bond must be
				  commensurate with the size and scope of the facility and the costs of
				  abandoning the operation and reclamation. The information provided in section
				  43-02-07.1-14, along with any additional information available to the
				  department, must be used to determine the amount of the bond. Each surety bond
				  must be executed by a responsible surety company authorized to transact
				  business in North Dakota. Bonds must be conditioned upon full compliance with
				  North Dakota Century Code chapter 38-19, and all administrative rules and
				  orders of the commission, and continue until the surface facility and all wells
				  have been satisfactorily plugged and reclaimed and all logs, plugging records,
				  and other pertinent data required by statute or rules and orders of the
				  commission are filed and approved.
Bond termination.
The commission, in writing,
				  shall advise the principal and any sureties on any bond as to whether the
				  plugging and reclamation is approved. If approved, liability under such bond
				  may be terminated formally upon receipt of a written request by the principal.
				  The request must be signed by an officer of the principal or a person
				  authorized to sign for the principal.
Director's authority.
The director is vested
				  with the power to act for the commission as to all matters within this section,
				  except requests for alternative forms of security, which only may be approved
				  by the commission. The commission may refuse to accept a bond if the operator
				  or surety company has failed in the past to comply with statutes, rules, or
				  orders relating to the operation of wells; if a civil or administrative action
				  brought by the commission is pending against the operator or surety company; or
				  for other good cause.
The size and the scope of the operation must be evaluated
				  annually and the department may increase or decrease the bond amount to reflect
				  the results of the evaluation.
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 43-02-07.1-13 - Exploration permit

Current through Supplement No. 393, July, 2024
Before any person begins any well-site preparation for the
				  drilling of any well other than surveying and staking for the purpose of
				  exploring for deep-well geothermal resources, the person shall file an
				  application for permit to drill on a form approved by the commission with the
				  director, together with a permit fee of one hundred dollars. No drilling
				  activity may commence until such application is approved and a permit to
				  explore is issued by the director. The application must be accompanied by the
				  bond pursuant to section 43-02-07.1-11 or the applicant previously must have
				  filed such bond with the commission, otherwise the application is incomplete.
				  An incomplete application received by the commission has no standing and may
				  not be deemed filed until it is complete.
A permit is required for each test well. The application for
				  permit to explore must be accompanied by an accurate plat certified by a
				  registered surveyor showing the location of the proposed well with reference to
				  true north and the nearest lines of a governmental section, the latitude and
				  longitude of the proposed well location to the nearest tenth of a second, and
				  the ground elevation. Information to be included in such application shall be
				  the proposed depth to which the well will be drilled, estimated depth to the
				  top of important stratigraphic markers, estimated depth to the top of objective
				  horizons, the proposed mud program, the proposed casing program, including size
				  and weight, the depth at which each casing string is to be set, the proposed
				  pad layout, including cut and fill diagrams, and the proposed amount of cement
				  to be used, including the estimated top of the cement, the proposed procedure,
				  and the estimated completed total depth. The drilling, testing, and plugging of
				  exploratory wells must comply with all applicable rules in
				  43-02-03.
The exploration permit is in effect for one year.
General Authority:
NDCC 38-19-04
Law Implemented:
NDCC
					 38-19-04
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 43-02-07.1-15 - Notice and hearing

Current through Supplement No. 393, July, 2024
The commission may require notice and hearing before a permit
				  application is approved or denied.
Except in the case of an emergency, the commission shall give
				  thirty days' notice to the general public of the time and place of the hearing
				  on the application. Immediately upon receiving notice of the hearing date, the
				  permit applicant shall give notice by certified mail to surface and subsurface
				  owners within the permit application area and to the county recorder in the
				  county or counties in which the proposed permit area is located.
General Authority:
NDCC 38-19-04,
					 38-19-05
Law Implemented:
NDCC 38-19-04,
					 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 43-02-07.1-16 - Approval or denial of permit application

Current through Supplement No. 393, July, 2024
The commission may approve the permit application as
				  submitted, approve with conditions that ensure the protection of human health
				  and the environment, or deny the application.
The commission may deny a permit application if the
				  exploration, drilling, or operation poses a threat to human health or the
				  environment, failure to meet the requirements set forth by the Century Code or
				  administrative code, or for any other reason allowable by law.
General Authority:
NDCC 38-19-04
Law Implemented:
NDCC
					 38-19-04
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 43-02-07.1-17 - Operators of class V injection wells

Current through Supplement No. 393, July, 2024
Prior to the construction of any injection well to be
				  utilized for the disposal of fluids resulting from deep geothermal energy
				  production, the department of environmental quality shall permit an operator to
				  operate the underground injection well pursuant to
				  article 33.1-25.
All underground injection wells also are subject to
				  43-02-03 where
				  applicable.
General Authority:
NDCC 38-19-04
Law Implemented:
NDCC
					 38-19-04
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 43-02-07.1-18 - Geologic data

Current through Supplement No. 393, July, 2024
The following basic data collected by the operator must be
				  delivered, free of charge, to the state geologist within thirty days of
				  collection:
1. Washed and packaged
				sample cuts.
2. Cores, except those
				portions used for necessary testing or analysis, in which case the results of
				the testing, the analysis, and the description of missing portions shall be
				submitted to the state geologist.
3. Copies of all logs, including sample logs,
				radioactivity logs, resistivity logs, and other types of electrical or
				mechanical logs.
4. Elevation and
				location information on the data collection points.
5. Other pertinent information required by
				the state geologist.
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 43-02-07.1-19 - Report of production and injection

Current through Supplement No. 393, July, 2024
The operator of each deep geothermal well completed in any
				  pool, on or before the first day of the second month succeeding the month in
				  which production occurs, shall file a report with the state geologist showing
				  the amount and temperature of production made by each such well upon form
				  approved by the commission. The report must be signed by both the person
				  responsible for the report and the person witnessing the signature. The printed
				  name and title of both the person signing the report and the person witnessing
				  the signature must be included.
The operator of each and every injection well, on or before
				  the first day of the second month succeeding the month in which injection
				  occurs, shall file a report with the state geologist showing the amount and
				  composition of fluid injected upon a form approved by the commission. The
				  report must be signed by both the person responsible for the report and the
				  person witnessing the signature. The printed name and title of both the person
				  signing the report and the person witnessing the signature must be
				  included.
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 43-02-07.1-20 - Measurement of rate of flow of water and steam and of pressure and temperature of fluids

Current through Supplement No. 393, July, 2024
The rate of the flow of water or steam, or both, and the
				  pressure and temperature of the fluids from each deep geothermal well must be
				  accurately measured. Metering must be on a continuous basis and each well must
				  be gauged at the frequency prescribed by the state geologist.
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 43-02-07.1-21 - Additional information may be required

Current through Supplement No. 393, July, 2024
This chapter may not be taken or construed to limit or
				  restrict the authority of the commission to require the furnishing of such
				  additional reports, data, or other information relative to production or
				  products as may appear to be necessary or desirable, either generally or
				  specifically, for the prevention of waste, protection of correlative rights,
				  and the conservation of natural resources.
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 43-02-07.1-22 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All operators within North Dakota shall make and keep
				  appropriate books and records for a period 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 38-19-03
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 43-02-07.1-23 - Disposal of waste material

Current through Supplement No. 393, July, 2024
All waste material associated with exploration or production
				  of geothermal energy must be properly disposed of in an authorized facility in
				  accordance with all applicable local, state, and federal laws and
				  regulations.
All waste material recovered from spills, leaks, and other
				  such events immediately must be disposed of in an authorized facility, although
				  the remediation of such material may be allowed onsite if approved by the state
				  geologist.
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 43-02-07.1-24 - Facility annual operating fee

Current through Supplement No. 393, July, 2024
The annual operating fee must be based upon the costs to
				  monitor and inspect the facility.
General Authority:
NDCC 38-19-03
Law Implemented:
NDCC
					 38-19-03