reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-62 - Carbon dioxide, coal bed methane, helium, and nitrogen

Current through Supplement No. 393, July, 2024
Insofar as is applicable, the provisions of this chapter
				  relating to gas, gas wells, and gas reservoirs shall also apply to carbon
				  dioxide, coal bed methane, helium, nitrogen, carbon dioxide wells, coal bed
				  methane wells, helium wells, nitrogen wells, carbon dioxide reservoirs, coal
				  bed methane reservoirs, helium reservoirs, and nitrogen
				  reservoirs.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-63 - Regulation of pools

Current through Supplement No. 393, July, 2024
To prevent waste and to protect correlative rights, when the
				  commission finds that total production in an area significantly exceeds the
				  reasonable market demand and undue marketing discrimination is occurring, the
				  commission may prorate or distribute the allowable production among proration
				  units upon a reasonable basis through rules, regulations, or orders pertaining
				  to any pool or area after notice and hearing.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-64 - Rate of producing wells

Current through Supplement No. 393, July, 2024
In allocated oil and gas pools the owner or operator of any
				  proration unit shall not produce from the unit during any proration period more
				  oil or gas than the allowable production from such unit as shown by the
				  proration schedule, provided that such owners or operators shall be permitted
				  to maintain a uniform rate of production for each unit during the proration
				  period. In order to maintain a uniform rate of production from the pool during
				  any proration period, any operator may produce a total volume of oil and gas
				  equal to that shown on the applicable proration schedule plus five days unit
				  allowable, and any such overproduction may be deducted from the total allowable
				  for the well in the second month following.
Where the commission has established spacing rules in any
				  pool, proration units shall consist of spacing units.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-65 - Authorization for production, purchase, and transportation

Current through Supplement No. 393, July, 2024
When necessary the commission shall hold a hearing to set
				  proration unit allowables for the state.
The commission shall consider all evidence of market demand
				  for oil and gas, including sworn statements of individual demand as submitted
				  by each purchaser or buyer in the state, and determine the amount to be
				  produced from all pools. The amount so determined will be allocated among the
				  various pools in accordance with existing regulations and in each pool in
				  accordance with regulations governing each pool. In allocated pools, effective
				  the .rst day of each proration period, the commission will issue a proration
				  schedule which will authorize the production of oil and gas from the various
				  units in strict accordance with the schedule, and the purchase and
				  transportation of such production. Allowable for wells completed after the .rst
				  day of the proration period will become effective from the date of well
				  completion. A supplementary order will be issued by the commission to the
				  operator of a newly completed or recompleted well, and to the purchaser or
				  transporter of the production from a newly completed or recompleted well,
				  establishing the effective date of completion, the amount of production
				  permitted during the remainder of the proration period, and the authority to
				  purchase and transport same from said proration unit.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-66 - Application for allowable on new oil wells

Current through Supplement No. 393, July, 2024
No well shall be placed on the proration schedule until a
				  completion report (form 6 or form provided by the committee) has been filed
				  with the director.
The discovery well of any pool hereafter discovered shall be
				  allowed to produce at a maximum efficient rate until such time as proper
				  spacing is set for the pool, and shall produce thereafter, only pursuant to the
				  general proration rules and regulations of the commission.
General Authority:
NDCC 38-08-04,
					 38-08-06
Law Implemented:
NDCC 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-67 - Oil proration

Current through Supplement No. 393, July, 2024
At the beginning of each calendar month, the distribution or
				  proration to the respective proration units shall be changed in order to take
				  into account all new wells which have been completed and were not in the
				  proration schedule during the previous calendar month. Where any well is
				  completed between the first and last day of the calendar month, its proration
				  unit shall be assigned an allowable beginning at seven a.m., on the date of
				  completion and for the remainder of that calendar month.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-68 - Gas-oil ratio limitation

Current through Supplement No. 393, July, 2024
In allocated pools containing a well or wells producing from
				  a reservoir which contains both oil and gas, each proration unit shall be
				  permitted to produce only that volume of gas equivalent to the applicable
				  limiting gas-oil ratio multiplied by the proration unit oil allowable currently
				  assigned to the pool. In the event the commission has not set a gas-oil ratio
				  limit for a particular oil pool, the limiting gas-oil ratio shall be two
				  thousand cubic feet [56.63 cubic meters] of gas for each barrel of oil
				  produced.
A gas-oil limit shall be placed on all allocated oil pools,
				  and all proration units having a gas-oil ratio exceeding the limit for the pool
				  shall be adjusted unless previously exempted by the commission after hearing,
				  in accordance with the following formula:
1. Any proration unit which, on the basis of
				the latest official gas-oil ratio test has a gas-oil ratio in excess of the
				limiting gas-oil ratio for the pool in which it is located, shall be permitted
				to produce that number of barrels of oil which shall be determined by
				multiplying the proration unit allowable by the fraction, the numerator of
				which shall be the limiting gas-oil ratio for the pool and the denominator of
				which shall be the official gas-oil ratio test of the well.
2. Any unit containing a well or wells
				producing from a reservoir which contains both oil and gas shall be permitted
				to produce only that volume of gas equivalent to the applicable limiting
				gas-oil ratio multiplied by the proration unit allowable currently assigned to
				the pool.
All proration units to which gas-oil ratio adjustments are
				  applied shall be so indicated in the proration schedule with adjusted
				  allowables stated. The adjustment shall be made effective on the first day of
				  the month following that in which the gas-oil ratio tests were reported for the
				  pool, as set forth in the special field rules applicable to the pool.
In cases of new pools the limiting gas-oil ratio shall be two
				  thousand cubic feet [56.63 cubic meters] per barrel until such time as changed
				  by the commission after a hearing. After notice and hearing, the commission
				  shall determine or redetermine, the specific gas-oil ratio limit which is
				  applicable to a particular allocated oil pool.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-69 - Allocation of gas production

Current through Supplement No. 393, July, 2024
When the commission determines that allocation of gas
				  production in a designated gas pool is necessary to prevent waste, and to
				  protect correlative rights, the commission, after notice and hearing, shall
				  consider the nominations of purchasers from that gas pool and other relevant
				  data, and shall fix the allowable production of that pool, and shall allocate
				  production among the proration units in the pool delivering to a gas
				  transportation facility upon a reasonable basis.
The commission shall include in the proration schedule of
				  such pool any proration unit which it finds is being unreasonably discriminated
				  against through denial of access to a gas transportation facility which is
				  reasonably capable of handling the type of gas producible from such proration
				  unit.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-70 - Gas proration period

Current through Supplement No. 393, July, 2024
The gas proration period shall be set by order of the
				  commission.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-71 - Adjustment of gas allowables

Current through Supplement No. 393, July, 2024
When the actual market demand from any allocated gas pool
				  during a proration period is more than or less than the allowable set by the
				  commission for the pool for the period, the commission shall adjust the gas
				  proration unit allowables for the pool for the next proration period so that
				  each gas proration unit shall have a reasonable opportunity to produce its fair
				  share of the gas production from the pool in a manner that shall protect
				  correlative rights.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-72 - Gas proration units

Current through Supplement No. 393, July, 2024
Before issuing a proration schedule for an allocated gas
				  pool, the commission, after notice and hearing, shall fix the gas proration
				  unit for that pool.
General Authority:
NDCC
					 38-08-04,
					 38-08-06
Law Implemented:
NDCC
					 38-08-04,
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-77 - Application for unitized management under commission order

Current through Supplement No. 393, July, 2024
Any plan of unitized management or any injection into a
				  reservoir for the purpose of maintaining reservoir pressure or for enhanced
				  recovery operations shall be permitted only by order of the commission after
				  notice and hearing. The application for an order shall include a complete
				  statement of all matters required by North Dakota Century Code section
				  38-08-09 et seq.
The application shall be submitted to the commission, in
				  duplicate, at least forty-five days prior to the date requested for such
				  hearings and shall be accompanied by all engineering, geological, and other
				  technical exhibits which will be introduced at the hearing.
In addition, the application shall set forth that all the
				  provisions of North Dakota Century Code section
				  38-08-09.5 have been complied
				  with.
General Authority:
NDCC
					 38-08-09
Law Implemented:
NDCC
					 38-08-09
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-79 - Purchase of liquids from gas wells

Current through Supplement No. 393, July, 2024
Provided that a supplemental order is issued authorizing such
				  production on the proration schedule, any common purchaser is authorized to
				  purchase one hundred percent of the amount of associated crude oil or
				  condensate produced and recovered from a gas proration unit.
General Authority:
NDCC
					 38-08-06
Law Implemented:
NDCC
					 38-08-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-80 - Reports of purchasers and transporters of crude oil

Current through Supplement No. 393, July, 2024
On or before the first day of the second month succeeding
				  that in which oil is removed, purchasers and transporters, including truckers,
				  shall file with the director the appropriate monthly reporting forms. The
				  purchaser shall file on form 10 and the transporter on form 10a the amount of
				  all crude oil removed and purchased by them from each well , central production
				  facility, treating plant, or saltwater handling facility during the reported
				  month. The transporter shall report the disposition of such crude oil on form
				  10b. All meter and tank measurements, and volume determinations of crude oil
				  removed and purchased from a well or central production facility must conform
				  to American petroleum institute standards and corrected to a base temperature
				  of sixty degrees Fahrenheit [15.56 degrees Celsius] and fourteen and
				  seventy-three hundredths pounds per square inch absolute [1034.19 grams per
				  square centimeter].
Prior to removing any oil , purchasers and transporters shall
				  obtain an approved copy of a producer's authorization to purchase and transport
				  oil (form 8) from either the producer or the director.
The operator of any oil rail facility shall report the amount
				  of oil received and shipped out of such facility on form
				  10rr.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-81 - Authorization to transport oil from a well, treating plant, central production facility, or saltwater handling facility

Current through Supplement No. 393, July, 2024
Before any crude oil is transported from a well, treating
				  plant, central production facility, or saltwater handling facility, the
				  operator shall file with the director, and obtain the director's approval, an
				  authorization to purchase and transport oil (form 8).
Oil transported before the authorization is obtained or if
				  such authorization has been revoked shall be considered illegal oil.
The director may revoke the authorization to purchase and
				  transport oil for failure to comply with any rule, regulation, or order of the
				  commission.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-81.1 - Reports of purchases for resale and transporting of dry gas

Current through Supplement No. 393, July, 2024
Transporters of and purchasers for the resale of dry gas
				  shall file a report (form 8a) with the director showing the amount of gas taken
				  from each plant or well during the monthly reporting period.
All gas shall be reported monthly to the director in one
				  thousand cubic feet [28.32 cubic meters] computed at a pressure of fourteen and
				  seventy-three hundredths pounds per square inch [1034.19 grams per square
				  centimeter] absolute at a base temperature of sixty degrees Fahrenheit [15.56
				  degrees Celsius].
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-82 - Refinery reports

Current through Supplement No. 393, July, 2024
Each refiner of oil within North Dakota shall furnish for
				  each calendar month a report (form 13) containing information and data
				  respecting crude oil and products involved in such refiner's operations during
				  each month. The report for each month shall be prepared and filed on or before
				  the fifteenth of the next succeeding month with the director.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-83 - Gas processing plant reports

Current through Supplement No. 393, July, 2024
Each operator of a gas processing plant, cycling plant, or
				  any other plant at which gas processing, gasoline, butane, propane, condensate,
				  kerosene, oil, or other products are extracted from gas shall furnish to the
				  director a report containing the amount of gas received from each lease or well
				  on form 12a.
Crude oil recovered shall be reported to the director, on
				  form 5 on or before the close of business on the first day of the second month
				  succeeding that in which oil is removed. Other operations shall be reported to
				  the director, on form 12 and 12a, on or before the fifth day of the second
				  month following that in which gas is processed.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-84 - Additional information may be required

Current through Supplement No. 393, July, 2024
This chapter shall 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,
				  transportation, storing, refining, processing, or handling of crude oil, gas,
				  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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-85 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All producers, transporters, storers, refiners, gasoline or
				  extraction plant operators, and initial purchasers 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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-88 - Application for hearing

Current through Supplement No. 393, July, 2024
In any proceeding instituted upon application, the
				  application shall be signed by the applicant or by the applicant's attorney. An
				  application shall state (1) the name and general description of the common
				  source or sources of supply affected by the order, rule, or regulation sought
				  if any, unless same is intended to apply to and affect the entire state, in
				  which event the application shall so state, and such statement shall constitute
				  sufficient description; and (2) briefly the general nature of the order, rule,
				  or regulation sought in the proceedings.
General Authority:
NDCC
					 38-08-11
Law Implemented:
NDCC
					 38-08-11
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-88.2 - Hearing participants by telephone

Current through Supplement No. 393, July, 2024
In any hearing, the commission may, at its option, allow
				  telephonic communication of witnesses and interested parties. The procedure
				  shall be as follows:
1. Telephonic
				communication of an applicant's witness will only be considered if a written
				request is made at least two business days prior to the hearing date.
2. Telephonic communication of an interested
				party will only be considered if said party notifies the applicant and the
				commission in writing at least three business days prior to the hearing date.
				Such notice shall include the subject hearing, the name and telephone number of
				the interested party, and the name and telephone number of the interested
				party's attorney or representative that will be present at the
				hearing.
3. In the event an
				objection to any party's telephonic communication is received, the examiner may
				disallow such communication by telephone and may reschedule for an in-person
				hearing. The commission will notify all parties whether or not the request to
				participate by telephone is granted or denied.
4. All parties participating by telephone
				shall have an attorney or representative present at the hearing who shall be
				responsible for actually calling said party once the case is called for
				hearing, for providing the commission at the time of the hearing with any
				documentary evidence requested to be included in the record, and for any other
				matters necessary for the party to participate by telephone.
5. All parties participating by telephone
				shall file an affidavit verifying the identity of such party. The record of
				such telephonic communication shall not be considered evidence in the case
				unless said affidavit is received by the examiner prior to an order being
				issued by the commission. The commission shall provide a form affidavit. The
				commission has the discretion to refuse to consider all or any part of the
				information received from any party participating by telephone.
6. For all hearings allowing communication by
				telephone, the commission shall provide a hearing room equipped with a speaker
				telephone.
7. The cost of
				telephonic communication shall be paid by the party requesting its
				use.
General Authority:
NDCC
					 38-08-11
Law Implemented:
NDCC
					 28-32-11
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-90 - 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 shall issue in the name of the
				commission and shall 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 shall
				have 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 shall
				remain in force no longer than forty days from its effective date, and in any
				event, it shall expire 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
					 38-08-11
Law Implemented:
NDCC
					 28-32-05,
					 38-08-11
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-90.1 - 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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-90.2 - Official record

Current through Supplement No. 393, July, 2024
The evidence in each case heard by the commission, unless
				  specifically excluded by the hearing examiner, includes the certified
				  directional surveys, and all oil, water, and gas 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 examiner may strike such testimony from the record for
				  good cause.
General Authority:
NDCC 28-32-06
Law Implemented:
NDCC
					 28-32-06
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-90.3 - 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
					 28-32-13
Law Implemented:
NDCC
					 28-32-13
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-90.4 - Notice of order by mail

Current through Supplement No. 393, July, 2024
The commission shall give notice of an order, and findings
				  and conclusions upon which it is based, to all parties pursuant to North Dakota
				  Century Code section 38-08-11.
General Authority:
NDCC 28-32-13
Law Implemented:
NDCC
					 28-32-13
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-90.5 - 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 into the commission's official record of
				  the procedure provided the record is open at the time of receipt. All parties
				  shall 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
				  shall be complete when the material is entered into the record of the
				  proceeding.
General Authority:
NDCC
					 28-32-13
Law Implemented:
NDCC
					 28-32-13
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-93 - Designation of examiners

Current through Supplement No. 393, July, 2024
The commission may by motion 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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-95 - Powers and duties of examiner

Current through Supplement No. 393, July, 2024
The commission may by motion 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 shall have full
				  authority to hold hearings on such matter or proceeding in accordance with and
				  pursuant to this chapter. The examiner shall have 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 proceeding to be made and
				  retained.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-98 - Report of examiner

Current through Supplement No. 393, July, 2024
Upon the conclusion of any hearing before an examiner, the
				  examiner shall promptly 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 shall either be accompanied by a
				  proposed order or shall be in the form of a proposed order, and shall be
				  submitted to the commission.
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 43-02-03 - Oil and Gas Conservation › Section 43-02-03-99 - 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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-03 - Oil and Gas Conservation › Section 43-02-03-101 - 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
					 38-08-04
Law Implemented:
NDCC
					 38-08-04
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-01 - 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:
1. "Area of review" means an area encompassing a fixed radius
				  around the injection well, field, or project of not less than one-quarter mile
				  [402.34 meters].
2. "Underground injection" means the subsurface emplacement
				  of fluids:
a. Which are brought to the surface in connection with
				  natural gas storage operations, or conventional oil or natural gas production
				  and may be commingled with wastewaters from gas plants which are an integral
				  part of production operations, unless those waters are classified as a
				  hazardous waste at the time of injection.
b. For enhanced recovery of oil or natural gas.
c. For storage of hydrocarbons which are liquids at standard
				  temperature and pressure.
3. "Underground source of drinking water" means an aquifer or
				  any portion thereof which supplies drinking water for human consumption, or in
				  which the ground water contains fewer than ten thousand milligrams per liter
				  total dissolved solids and which is not an exempted aquifer.
General Authority: NDCC
					 38-08-04(2)
Law Implemented: NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-01.1 - Application of rules for underground injection wells

Current through Supplement No. 393, July, 2024
All undergound injection wells are also subject to the
				  provisions of chapter 43-02-03 where applicable.
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 43-02-05 - Underground Injection Control › Section 43-02-05-02 - Injection into underground source of drinking water prohibited

Current through Supplement No. 393, July, 2024
Underground injection that causes or allows movement of fluid
				  into an underground source of drinking water is prohibited, unless the
				  underground source of drinking water is an exempted aquifer as provided in
				  section 43-02-05-03.
General Authority: NDCC
					 38-08-04(2)
Law Implemented: NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-03 - Exempted aquifers

Current through Supplement No. 393, July, 2024
An aquifer or a portion thereof which meets the criteria for
				  an underground source of drinking water may be determined by the commission,
				  after notice and hearing, to be an exempted aquifer if it meets the following
				  criteria:
1. It does not currently
				serve as a source of drinking water; and
2. It cannot now and will not in the future
				serve as a source of drinking water because:
a. It is mineral, hydrocarbon, or geothermal
				energy producing, or can be demonstrated by a permit applicant as part of a
				permit application for an underground injection permit to contain minerals or
				hydrocarbons that considering their quantity and location are expected to be
				commercially producible; or
b. It
				is situated at a depth or location which makes recovery of water for drinking
				water purposes economically or technologically impractical; or
c. It is so contaminated that it would be
				economically or technologically impractical to render that water fit for human
				consumption; or
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-05 - Siting

Current through Supplement No. 393, July, 2024
All injection wells shall be sited in such a fashion that
				  they inject into a formation which has confining zones that are free of known
				  open faults or fractures within the area of review.
General Authority:
NDCC
					 38-08-04(2)
Law Implemented:
NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-06 - Construction requirements

Current through Supplement No. 393, July, 2024
1. All injection wells shall be cased and
				cemented to prevent movement of fluids into or between underground sources of
				drinking water or into an unauthorized zone. The casing and cement used in
				construction of each new injection well shall be designed for the life
				expectancy of the well. A well to be converted to a saltwater disposal well
				must have surface casing set and cemented at a point not less than fifty feet
				[15.24 meters] below the base of the Fox Hills formation. In determining and
				specifying casing and cementing requirements, all of the following factors
				shall be considered:
a. Depth to the injection
				zone and lower confining zone. Long string casing must be set at least to the
				top of the injection zone and cemented at least to the top of the upper
				confining zone, or to a point approved by the director.
b. Depth to the bottom of all underground
				sources of drinking water.
c.
				Estimated maximum and average injection pressures.
d. Fluid pressure.
e. Estimated fracture pressure.
f. Physical and chemical characteristics of
				the injection zone.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-07 - Mechanical integrity

Current through Supplement No. 393, July, 2024
1. Prior to commencing operations, the
				operator of a new injection well must demonstrate the mechanical integrity of
				the well. Prior to performing any workover project on an existing well, during
				which the packer or other means of annular isolation could be affected, the
				operator shall obtain approval from the director. All existing injection wells
				must demonstrate continual mechanical integrity and be tested at least once
				every five years. Following the completion of any remedial work, the operator
				shall demonstrate the mechanical integrity of the well. The director may
				require further mechanical integrity tests or other remedial work to ensure the
				mechanical integrity of the well to prevent the movement of fluid into an
				underground source of drinking water or an unauthorized zone. Mechanical
				integrity pressure tests must be performed at one thousand pounds per square
				inch [6900 kilopascals] for a minimum of fifteen minutes. A mechanical
				integrity test pressure of less than one thousand pounds per square inch [6900
				kilopascals] may be approved by the director. Once an injection well is
				determined to lack mechanical integrity, within ninety days of the
				determination, it must be repaired and retested or plugged and abandoned.
An injection well has mechanical integrity if:
a. There is no significant leak in the
				casing, tubing, or packer; and
b.
				There is no significant fluid movement into an underground source of drinking
				water or an unauthorized zone through vertical channels adjacent to the
				injection bore.
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-08 - Plugging of injection wells

Current through Supplement No. 393, July, 2024
The proper plugging of an injection well requires the well be
				  plugged with cement or other types of plugs, or both, in a manner which will
				  not allow movement of fluids into an underground source of drinking water. The
				  operator shall file a notice of intention to plug (form 4) or form provided by
				  the director and shall obtain the director's approval of the plugging method
				  prior to the commencement of plugging operations.
General Authority:
NDCC 38-08-04(2)
Law Implemented:
NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-09 - Pressure limitations

Current through Supplement No. 393, July, 2024
Injection pressure at the wellhead shall not exceed a maximum
				  authorized injection pressure which shall be calculated so as to assure that
				  the pressure in the injection zone during injection does not initiate new
				  fracture or propagate existing fractures in the confining zones. In no case
				  shall injection pressure initiate fractures in the confining zones or cause the
				  movement of injection or formation fluids into an unauthorized zone or
				  underground source of drinking water.
General Authority:
NDCC 38-08-04(2)
Law Implemented:
NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-10 - Corrective action

Current through Supplement No. 393, July, 2024
If any monitoring indicates the movement of injection or
				  formation fluids into an unauthorized zone or underground sources of drinking
				  water, the director shall prescribe such additional requirements for
				  construction, corrective action, operation, monitoring, or reporting as are
				  necessary to prevent such movement.
General Authority:
NDCC 38-08-04(2)
Law Implemented:
NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-11 - Bonding requirements

Current through Supplement No. 393, July, 2024
All injection wells must be bonded as provided in section
				  43-02-03-15. A commercial
				  injection well is one that only receives fluids produced from wells operated by
				  a person other than the principal on the bond.
General Authority:
NDCC
					 38-08-04(2)
Law Implemented:
NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-13 - Access to records

Current through Supplement No. 393, July, 2024
The industrial commission and the director shall have access
				  to all injection well records wherever located. All owners, operators, drilling
				  contractors, drillers, service companies, or other persons engaged in drilling,
				  completing, operating, or servicing injection wells shall permit the industrial
				  commission, or the director, to come upon any lease, property, well, or
				  drilling rig operated or controlled by them, complying with state safety rules
				  and to inspect the records and operation of wells and to conduct sampling and
				  testing. Any information so obtained shall be public information. If requested,
				  copies of injection well records must be filed with the commission or
				  director.
General Authority:
NDCC 38-08-04(2)
Law Implemented:
NDCC
					 38-08-04(2)
North Dakota Administrative Code › Title 43 - Industrial Commission › Article 43-02 - Mineral Exploration and Development › Chapter 43-02-05 - Underground Injection Control › Section 43-02-05-13.1 - Books and records to be kept to substantiate reports

Current through Supplement No. 393, July, 2024
All owners, operators, drilling contractors, drillers,
				  service companies, or other persons engaged in drilling, completing, operating,
				  or servicing injection wells 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 43-02-05 - Underground Injection Control › Section 43-02-05-14 - Area permits

Current through Supplement No. 393, July, 2024
1. The director, after notice and hearing,
				may issue an area permit providing for the permitting of individual injection
				wells if the proposed injection wells are:
a.
				Within the same field, facility site, reservoir, project, or similar unit in
				the same state;
b. Of similar
				construction;
c. Of the same class;
				and
d. Operated by a single owner
				or operator.