reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-240 - Applicant

Current through Register Vol. 24-14, July 15, 2024
Any person may apply for and hold oil and gas leases
				on public lands of the state of Washington. Any applicant may
				acquire, receive and hold more than one lease. The department may
				deny an application or lease to any person, firm, or corporation for
				which a lease has been terminated for nonpayment of royalties or for
				breach of any terms or conditions.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-240, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-250 - Lease area

Current through Register Vol. 24-14, July 15, 2024
Leases shall not exceed the acreage specified in
				RCW 79.14.020: Provided,
				That an entire government surveyed section may be involved in a
				single lease. No single lease will be issued including acreage from
				more than one township of land except that more than one township may
				be included in a single lease of aquatic lands, if the total lease
				area does not exceed six hundred forty acres.
If the available land is less than forty acres, the
				lease will be issued only for the available acreage. On lands which
				the department manages less than the entire interest in the mineral
				rights, a lease may be issued by the commissioner covering the
				state's interest independent of the joinder of the other co-tenant
				where otherwise permitted.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-250, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-260 - Term of lease

Current through Register Vol. 24-14, July 15, 2024
Oil and gas leases may be for an initial term of from
				five up to ten years and shall be extended for so long thereafter as
				lessee shall produce oil, gas or associated substances in paying
				quantities from the leased lands or is prosecuting development on the
				leased land with due diligence of a prudent operator upon
				encountering oil, gas or associated substances; or shall be engaged
				in drilling, deepening, repairing, or redrilling any well thereon; or
				shall be participating in a unit plan in accordance with
				RCW 79.14.020; or shall
				be prosecuting operations with due diligence of a prudent operator in
				accordance with
				RCW
				79.14.050.
Statutory Authority:
				  RCW 79.14.120. 86-07-027
				  (Order 472), § 332-12-260, filed 3/13/86; 82-23-053 (Order 387),
				  § 332-12-260, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-262 - Preliminary investigation permit

Current through Register Vol. 24-14, July 15, 2024
Entry to state lands not currently under lease as
				provided in
				chapter 79.14 RCW is permitted
				for preliminary investigations by obtaining a "preliminary
				investigation permit" from the department and paying required fees as
				determined by the board of natural resources. Such permits are valid
				for one year from the date of issuance unless an earlier term is
				specified or it is revoked by the department. Permits will not be
				required for preliminary investigation activities that have little
				surface impact such as geological mapping.
Statutory Authority:
				  RCW 79.14.120. 86-07-027
				  (Order 472), § 332-12-262, filed
				  3/13/86.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-265 - Application procedures - Surface rights in other agencies

Current through Register Vol. 24-14, July 15, 2024
Prior to offering mineral rights under the
				jurisdiction of the department of natural resources for oil and gas
				leasing where the surface rights are either owned or leased by other
				state agencies, the department will notify the applicable state
				agency. Such notification shall be within a reasonable time period
				prior to leasing to permit the other agencies to consult with the
				department as to the advisability and conditions of
				lease.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-265, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-270 - Award of lease

Current through Register Vol. 24-14, July 15, 2024
The department shall offer land for oil and gas
				leasing by the following procedures:
(1) Leases shall be offered at
			 public auction after the approval of an application or initiation by
			 the department. Public auction shall be by sealed or oral bidding or
			 a combination as prescribed in the notice of leasing. Oil and gas
			 leases shall be awarded to the highest cash bonus bidder. If two or
			 more sealed bids tie for the highest bid on an individual tract, the
			 department shall resolve the tie by commencement of oral bidding. If
			 no oral bids are received on such tract the tie shall be resolved by
			 the drawing by lot from the tie bids.
(2) If no bids, sealed or oral, are
			 received on an individual tract, the lease may be awarded to the
			 applicant for the minimum acceptable bid subject to approval by the
			 commissioner.
(3) All
			 awards of leases are subject to the commissioners authority to
			 withhold any tract or tracts of land from leasing and to reject any
			 or all applications or bids for an oil and gas lease if determined to
			 be in the best interest of the state.
(4) Notice of the offer of land for
			 leasing shall be given by publication in a newspaper of general
			 circulation in Thurston County and in such other manner as the
			 department may authorize. Such notice shall specify the place, date,
			 and hour of the offering, a general description of the lands to be
			 offered for lease, and the minimum acceptable bid.
(5) Competitive bid terms. Sealed
			 bids must be submitted prior to the time set for the auction, and
			 must be accompanied by a certified check equal to one-fifth of the
			 total bonus bid offered. Following award of an oral bid, a successful
			 oral bidder is required to submit payment equal to one-fifth of total
			 bonus bid. Unless all bids are rejected, the commissioner will send
			 to the successful bidder two copies of the lease. The bidder will be
			 required within thirty days after receipt thereof to execute and
			 return the lease, pay the balance of their bonus bid, the first
			 year's rental of one dollar twenty-five cents per acre, and all
			 applicable taxes and other required payments. Upon failure of the
			 successful bidder to fulfill the above requirements, the money
			 tendered will be forfeited and the application rejected unless the
			 department grants additional time pursuant to a written request made
			 by the successful bidder prior to the expiration of the thirty-day
			 period.
(6) Unsuccessful
			 sealed bidders will be refunded their deposit. Application fees shall
			 be refunded for applications rejected by the department.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-270, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-280 - Lease terms

Current through Register Vol. 24-14, July 15, 2024
(1) Leases issued under the
			 provisions of
			 chapter 79.14 RCW and these rules
			 shall be on forms prepared and prescribed by the
			 department.
(2) Leases
			 shall contain, where applicable, provisions implementing the rules
			 and regulations contained in chapter 332-12 WAC.
(3) Leases shall contain, where
			 applicable, provisions which:
(a)
			 Protect the environment;
(b) Provide for security for
			 faithful performance of the lease terms and conditions;
(c) Require a plan of
			 operations;
(d) Require
			 reclamation;
(e) Prevent
			 waste;
(f) Provide for
			 plugging and abandonment;
(g) Require compliance with the
			 provisions of the Oil and Gas Conservation Act and its rules and
			 regulations;
(h) Require
			 the drilling of wells for the purpose of offsetting producing wells
			 on adjoining lands;
(i)
			 Require the lessee to furnish gas produced from the lease to state
			 lessees for direct use where requested by the department;
(j) Relate to the surface use and
			 resources.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-290 - Reserved rights

Current through Register Vol. 24-14, July 15, 2024
The department reserves the right to lease any
				subsurface resource not covered by an existing oil and gas lease:
				Provided, That such leasing is subject to any existing subsurface
				lease rights and does not materially interfere with any established
				lease operations. The department shall require a cooperative work
				agreement to allow simultaneous or coordinated operations.
The department reserves the right to allow joint or
				several uses of existing sites, easements, or rights of way under
				control of the state, upon such terms as the department may
				determine.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-290, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-300 - Damages to encumbered lands

Current through Register Vol. 24-14, July 15, 2024
The lessee shall have the right to the surface use of
				the premises to the extent such use is reasonably necessary for
				operations under the lease as provided in the plan of
				operations.
(1) Where
			 surface rights have been transferred from state ownership through
			 sale or exchange with mineral rights reserved or are leased by the
			 state, the oil and gas lessee, prior to exercising lease rights,
			 shall:
(a) Secure the consent or
			 waiver of the surface-right owner or lessee regarding oil and gas
			 lease activities; or
(b)
			 Provide full payment for damages to the surface of said land and
			 improvements thereon to the surface-right owner or lessee;
			 or
(c) Secure the
			 agreement by the surface-right owner or lessee that damages cannot be
			 determined at this time and there shall be the execution of a good
			 and sufficient security acceptable to the department in favor of the
			 surface-right owner or lessee for their use and benefit to secure the
			 payment of such damages, as may be determined and fixed by later
			 agreement or in action brought upon the security or undertaken in a
			 court of law against the oil and gas lessee; or
(d) Institute an action by the oil
			 and gas lessee in the superior court of the county in which the land
			 is situated to ascertain and determine the amount of damages which
			 will accrue to the surface-right owner or lessee by reason of entry
			 thereon. In the event of any such action, the term of the oil and gas
			 lease shall begin thirty days after the entry of the final judgment
			 and payment therefore in such action provided such action was
			 instituted and processed within a reasonable time; or
(e) Shall furnish to the department
			 a good and sufficient security, acceptable to the department, to
			 cover such compensation until such compensation is determined by
			 agreement, arbitration, or judicial decision or is otherwise
			 authorized to be determined.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-310 - Annual rental or minimum royalty

Current through Register Vol. 24-14, July 15, 2024
(1) The department shall require
			 payment of not less than one dollar twenty-five cents per acre per
			 year in annual rental. The lessee shall pay the first year's annual
			 rental upon execution of the lease and pay a like rental in advance
			 each year the lease remains in force: Provided, That at any time the
			 lease starts production, a minimum royalty of five dollars per acre
			 per year shall replace the annual rental and shall be credited
			 against production royalties. Minimum royalties shall be paid at the
			 end of the lease year in which production starts and annually at the
			 end of the lease year for the remainder of the term. When the
			 production royalty is greater than the minimum royalty paid during
			 any lease year, the lessee shall pay, in addition to the minimum
			 royalty, the difference between the minimum royalty and the
			 production royalties. Minimum royalties paid during the term of the
			 lease are nonrefundable and nontransferable.
(2) On lands which the state owns
			 less than entire fee simple mineral rights in common tenancy
			 (undivided interests), the lessee shall pay the department rentals
			 and minimum royalties in the amount equal to the state's undivided
			 mineral interest percentage in such lands.
(3) If the annual rental or minimum
			 royalty is not paid as prescribed in the lease, the lease shall be
			 terminated as provided by
			 RCW 79.14.090.
Statutory Authority:
				  RCW 79.14.120. 86-07-027
				  (Order 472), § 332-12-310, filed 3/13/86. Statutory Authority:
				  RCW 43.30.150(6). 83-07-039 (Order 393, Resolution No. 409), §
				  332-12-310, filed 3/16/83. Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-310, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-320 - Production royalties

Current through Register Vol. 24-14, July 15, 2024
(1) Production royalty payments
			 shall be payable to the department for oil and gas produced from the
			 lease premises, or in the case of gas products from gas produced but
			 not sold, the products manufactured. Royalty rates shall be not less
			 than twelve and one-half percent of the gross value at the point of
			 production as defined in WAC
			 332-12-330. In the case
			 of production of gas from coal deposits by "
in situ
"
			 or other newly developed technology for which there is little or no
			 leasing experience, the commissioner may set applicable royalty
			 rates.
(2) The state
			 reserves the right that, in lieu of receiving royalty payment for the
			 market value of the state's royalty share of oil or gas, the
			 department may elect that such royalty share of oil or gas be
			 delivered in kind at the mouth of the well into tanks or pipelines
			 provided by the department.
(3) On lands which the state owns
			 less than the entire fee simple mineral rights in common tenancy
			 (undivided interests), the lessee shall pay production royalties in
			 the proportion which the state's interests bear to the undivided
			 whole or an amount established by agreement between
			 cotenants.
(4) Payments
			 shall be in an amount to cover all royalties due the state from
			 production. The department may approve the use of payment bonds,
			 savings account assignments, or other security which guarantees
			 payment to the state. Production royalty payments shall be scheduled
			 in the lease and plan of operations. The lessee shall furnish the
			 department a sworn statement showing production for accounting
			 periods required by the department and pay any royalties
			 due.
(5) The lessee shall
			 not sell or deliver any oil and gas or manufactured products to any
			 person who does not agree to file purchase invoices with the
			 department stating the price, quantity, origin of oil and gas
			 purchased from a state lease and to allow an audit as provided by
			 these rules. The department may require and prescribe any other
			 methods necessary to insure a full accounting of oil and gas produced
			 from the premises. Noncompliance with any accounting requirements may
			 cause suspension of operation or termination as provided in WAC
			 332-12-400.
(6) Any past due royalty payment
			 shall bear interest at the rate of one percent per month, compounded
			 monthly, on the unpaid balance.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-320, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-330 - Computation of royalties

Current through Register Vol. 24-14, July 15, 2024
Production royalty payments shall be based upon the
				gross value at the point of production defined as follows:
(1) For oil. The posted field
			 price, or, if no field price is posted, the fair market value
			 prevailing for oil of like kind, character, quality or comparable
			 source at the point of production. All field prices shall be approved
			 by the department.
All royalties, whether in money or in kind, shall be
				delivered to the state free of cost and deductions.
Quantities of oil produced shall be determined by
				metering or measuring (by automatic custody transfer meter, tank
				gauge, or other approved method) at the first point of transfer it is
				in a condition of pipeline quality which shall be considered the
				point of production.
(2) For gas or other hydrocarbons.
			 The posted field price or if no field price is posted, the fair
			 market value prevailing for gas of like kind, character or comparable
			 source at the point of production. All field prices shall be approved
			 by the department. These royalties shall be delivered to the state
			 free of costs and deductions.
If gas is not sold but is used by the lessee for the
				manufacture of gasoline or other products, the fair market price at
				point of sale shall be used for these products, less reasonable
				deductions for refining costs, as determined by the
				department.
(3)
			 All prices shall be approved by the department.
(4) Quantity of gas produced shall
			 be determined by metering or measuring at the point where it is first
			 accurately metered or measured on or near the lease premises from
			 which it is recovered. Where it is considered to be merchantable or
			 pipeline quality shall be considered the point of production, less
			 any quantities reinjected into a reservoir in the same field for
			 purposes of repressuring and conservation. The quantity of gas
			 products shall be determined by metering at the point of delivery for
			 sale by the lessee.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-330, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-340 - Unit plans

Current through Register Vol. 24-14, July 15, 2024
The holder(s) of any oil and gas leases may apply to
				the department to unite with each other or with other entities,
				including lands not owned by the state, to collectively adopt and
				operate under a unit plan.
(2) To implement a plan and protect
			 the state's interest, the commissioner may alter the terms and
			 conditions of the lease(s) so involved with the consent of the
			 leaseholder(s). Authorization by the department to include state
			 leases in unit plans shall be conditioned on the following
			 requirements:
(a) There shall be
			 submitted to the department a plat showing the area to be unitized,
			 together with geological and other information in support of the
			 delineation of the area.
(b) A preliminary draft of the plan
			 shall be submitted to the department for approval.
(c) If the plan is approved by the
			 department, the proponent of the plan shall deliver one copy to the
			 department when fully executed.
(d) Leases which are only partially
			 covered by unit plans shall be segregated into separate leases as to
			 the lands committed and not committed as of the effective date of the
			 unitization. The annual rental or minimum royalty shall be paid on
			 the leased acreage in the unit independently from other segregated
			 lease areas.
(e) The term
			 of any lease that has become the subject of a unit plan as approved
			 by the department shall continue in force until the termination of
			 such plan. In the event that such plan is terminated prior to the
			 expiration of any such leases, the original term of the lease shall
			 continue.
(f) Any
			 apportionment of production or royalties among the separate tracts of
			 land comprising the unit shall include an accounting system and the
			 right of the department to audit such system to protect the interests
			 of the state.
(g)
			 Operations and production under a single unit plan shall be
			 considered the operations and production of all leases included under
			 the plan. Due diligence performed on any part of an area under a unit
			 plan, may be credited by the department toward the requirement for
			 all state leases included in the unit.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-350 - Performance security

Current through Register Vol. 24-14, July 15, 2024
The lessee shall file a corporate surety bond, cash
				bond, savings account assignment or other security satisfactory to
				the department in an amount determined by the department to be
				sufficient to guarantee performance of the terms and conditions of
				the lease. Such security shall be submitted prior to the beginning of
				operations or applying for a drilling permit. Such security shall not
				be less than ten thousand dollars. The lessee shall promptly advise
				the department of any changes in operation. The department may reduce
				or increase the amount of the security as a result of operational
				changes requiring different levels of performance. The department may
				allow a lessee to file a single security device, acceptable to the
				state, in an amount set by the department covering all of the
				lessee's state leases.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-350, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-360 - Plan of operations

Current through Register Vol. 24-14, July 15, 2024
An applicant or lessee shall submit to the department
				and obtain approval of an acceptable plan of operations when applying
				for a preliminary investigation permit or prior to applying for a
				drilling permit required under Oil and Gas Conservation Act,
				chapter 78.52 RCW. The purpose of
				the plan of operations is to provide detailed information for
				intended activities regarding exploration and reclamation. The plan
				of operations shall be reformulated to include development,
				production and additional reclamation or prior to making any material
				change in operations or when requested by the
				department.
Statutory Authority:
				  RCW 79.14.120. 86-07-027
				  (Order 472), § 332-12-360, filed 3/13/86; 82-23-053 (Order 387),
				  § 332-12-360, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-380 - Surrender of leasehold

Current through Register Vol. 24-14, July 15, 2024
(1) Every lessee shall have the
			 option of surrendering their lease as to all or any portion or
			 portions of the land covered thereby at any time and shall be
			 relieved of all future liability thereunder with respect to the land
			 so surrendered except for monetary payments theretofore accrued,
			 physical damage to the premises embraced by the lease which have been
			 occasioned by their operation, physical damages occasioned by right
			 of way passage across other state lands, and the duty to plug and
			 abandon and reclaim the lease premises.
(2) The lessee shall notify the
			 department in writing requesting surrender of leasehold and the
			 department shall acknowledge the receipt of such notice.
(3) If no operations have been
			 conducted under the lease and no surface disturbances or damages have
			 occurred on the land to be surrendered, the lease shall terminate
			 sixty days after the date of the receipt by the department of the
			 notice of surrender, unless the department authorizes an earlier
			 date: Provided, That all payments due up to the time of termination
			 are paid.
(4) If
			 operations have been conducted and surface disturbance or damage has
			 occurred on land proposed for surrender, the leasehold shall not
			 terminate until the land has been reclaimed and placed in an
			 acceptable condition and approved by the department, all wells have
			 been properly plugged and abandoned, and all applicable conditions of
			 chapter 78.52 RCW have been
			 complied with. Termination of the lease shall become effective after
			 approval by the department and all payments which may be due up to
			 the time of termination are paid.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-380, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-390 - Due diligence

Current through Register Vol. 24-14, July 15, 2024
Oil and gas leases shall continue after their initial
				term as provided by
				RCW 79.14.020 and
				79.14.050 if:
(1) The lessee has complied with
			 the conditions of the lease and is actively exploring in which one
			 string of tools is in operation on the lease premises, allowing not
			 to exceed ninety days between the completion of one well and the
			 start of the next; or
(2)
			 The lessee shall be producing oil and/or gas in continuous paying
			 quantities; or
(3) The
			 lessee is proceeding and actively pursuing development in the opinion
			 of the department to efficiently extract oil, gas or associated
			 substances after discovery; or
(4) The lessee engages in drilling,
			 deepening, repairing or redrilling any production well without a
			 ninety-day cessation of such activities; or
(5) The lessee has constructed a
			 well capable of producing oil, gas or associated substances in paying
			 quantities which is shut-in by consent or order of the oil and gas
			 conservation committee. Such lease extension shall continue for the
			 duration of such consent or order.
Statutory Authority:
				  RCW 79.14.120. 86-07-027
				  (Order 472), § 332-12-390, filed 3/13/86; 82-23-053 (Order 387),
				  § 332-12-390, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-400 - Termination of lease for default

Current through Register Vol. 24-14, July 15, 2024
The department may cancel the lease for noncompliance
				with the lease agreement, plan of operations, or applicable laws,
				rules, and regulations. The lessee shall be notified of such
				noncompliance and the necessary corrective measures by certified mail
				to the last known address of the lessee. If the lessee shall
				diligently and in good faith prosecute the remedying of the default
				specified in such notice, then no cancellation of the lease shall
				occur. Otherwise termination or cancellation shall automatically
				become effective thirty days from the date of mailing the notice of
				default and shall be final. The lessee may make a written request for
				an extension of time outlining the circumstances such extension is
				warranted. The department may, upon receiving a written request prior
				to the end of the thirty-day period, grant an extension of time in
				which to comply with the terms and conditions of the lease.
				Termination shall not relieve the lessee of any obligation incurred
				under the lease.
Failure to pay required rental and/or royalty within
				the time prescribed shall automatically and without notice work a
				forfeiture of such leases and of all rights
				thereunder.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-400, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-410 - Condition of premises upon termination of lease

Current through Register Vol. 24-14, July 15, 2024
The lessee shall have thirty days from the
				termination date in which to remove all improvements, except
				buildings and structures, from the premises except as authorized by
				the state, leaving all existing development in good order and repair,
				and without unnecessarily hampering future development and operation
				of the lease premises. All such improvements remaining on the lease
				premises after thirty days, including the buildings and structures,
				shall become the property of the state: Provided, That the lessee may
				upon written request to the department be granted an extension of
				time where forces beyond the control of the lessee prevent removal of
				said improvements within thirty days. If the subsurface resource is
				exhausted, the lessee shall remove all improvements unless otherwise
				permitted by the department.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-410, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-420 - Reclamation

Current through Register Vol. 24-14, July 15, 2024
The lessee shall restore the lease premises as
				required by state and federal law and the lease. The lessee shall
				submit final reclamation plans to the department for its approval
				prior to:
(1) Submission of
			 such a plan to the oil and gas conservation committee; and
(2) Prior to notification to the
			 department to plug and abandon any well; and
(3) Within ninety days prior to the
			 end of the lease term.
All plans shall be subject to the approval of the
				department. All reclamation shall be completed within ninety days of
				the receipt of the final approved plan from the department. The
				department may, upon receiving a written request prior to the end of
				the ninety-day period, grant an extension of time for completion of
				reclamation.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-420, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-430 - Timber

Current through Register Vol. 24-14, July 15, 2024
No forest products owned by the department shall be
				cut, removed or destroyed unless approved in advance by the
				department. The lessee shall appropriately mark all forest products
				proposed to be cut. Unless the department elects to directly dispose
				of the forest products, the department will appraise the forest
				products and the lessee shall pay the appraised value of such forest
				products within thirty days of billing unless there is written
				extension of time by the department, and in any event, prior to their
				cutting.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-430, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-440 - Use of the premises

Current through Register Vol. 24-14, July 15, 2024
A lessee may use the lease premises as provided in
				the lease and the approved plan of operations, subject to existing
				rights and payments as otherwise provided. Such uses shall be those
				reasonably necessary for the exploration, operation, and production
				of oil and gas. All other uses shall require separate
				leases.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-440, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-450 - Prevention of waste and environmental protection

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 lessee shall conduct all operations in a manner to prevent waste and
			 preserve property and resources. If the lessee fails to do so, the
			 department may enter on the property to repair damages or prevent
			 waste at the lessee's expense, in addition to other authorized
			 actions.
(2) The lessee
			 shall use all proper safeguards to prevent pollution of earth, air,
			 and water. The lessee is responsible for all damage to public and
			 private property caused by the lessee's operation and shall use all
			 reasonable means to recapture escaped pollutants.
(3) The lessee shall explore for
			 oil and gas with the minimum disturbance to the surface of the land.
			 All drill holes shall be securely capped and/or plugged when not in
			 use or abandoned. The lessee shall comply with all of the provisions
			 of law governing surface and groundwater.
(4) Topsoil on lands to disturbed
			 shall be removed and stockpiled on the site. The lessee shall take
			 all necessary steps to insure the preservation of the stockpiled
			 topsoil, including establishment of a temporary vegetative cover to
			 prevent erosion. Upon the final abandonment or completion of a
			 drilling operation, the lessee shall reclaim the lease premises,
			 including restoration of the surface to acceptable contours,
			 redistribution of the topsoil, and reseeding the land with native
			 grasses and native plants prescribed by the department in the
			 approved plan of reclamation.
(5) Upon completion of production
			 or exhaustion of an oil and/or gas resource, the lessee shall reclaim
			 the land, and plug and abandon all wells.
(6) The department may, in the plan
			 of operations, require interim measures to reclaim the lease area and
			 protect all resources and property.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-450, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-460 - Access road construction and maintenance standards

Current through Register Vol. 24-14, July 15, 2024
Access roads authorized to be constructed and/or
				maintained on public lands or easement agreements shall conform to
				those standards approved and specified by the
				department.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-460, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-470 - Rights of way over state lands

Current through Register Vol. 24-14, July 15, 2024
Any lessee shall have a right of way over state lands
				not included in the lease area when authorized by law, when
				necessary, for the exploration, development and production of oil and
				gas, provided that a right of way application and a plat showing the
				location of such right of way shall be filed with the department.
				Rights of way, when authorized, will be granted to the lessee upon
				approval of the location by the department or other agency owning in
				fee the surface rights and payment of charges.
The department retains the right to utilize all
				rights of way and grant such other rights not inconsistent with the
				lessees use of such rights of way.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-470, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-480 - Field inspections and audits

Current through Register Vol. 24-14, July 15, 2024
Any person designated by the department shall have
				the right at any time to inspect and examine the lease premises and
				production facilities, and shall have the right during lessee
				business hours to examine such books, records, tax returns, and
				accounts of the lessee as are directly connected with the
				determination of royalties.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-480, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-490 - Reports

Current through Register Vol. 24-14, July 15, 2024
The rules and regulations promulgated under the Oil
				and Gas Conservation Act,
				chapter 78.52 RCW require
				standardized reports of well history or record and well log,
				production, and methods used in plugging and abandoning a well. These
				reports shall be made available to the department through the oil and
				gas conservation committee.
If a lessee discovers any subsurface resource of
				possible recoverable value, not covered in the oil and gas lease, the
				discovery shall be reported to the department within ten days of the
				discovery date.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-490, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-12 - Oil and gas leases › Section 332-12-500 - Compliance with other laws

Current through Register Vol. 24-14, July 15, 2024
All development or production activities authorized
				by the lease shall be conducted in accordance with all applicable
				laws, rules and regulations. The lessee(s) shall, before commencing
				any operations on the leased lands, inform themselves of and then
				abide by the laws, rules and regulations affecting such operations.
				Compliance with state and federal laws, rules and regulations shall
				be the sole responsibility of the lessee and not the responsibility
				of the department.
The filing of a bond or other security as a lease
				requirement does not remove the obligation to file bonds required by
				other laws.
Statutory Authority:
				  RCW 79.14.120. 82-23-053
				  (Order 387), § 332-12-500, filed
				  11/16/82.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-020 - Jurisdiction

Current through Register Vol. 24-14, July 15, 2024
These rules shall be applicable to all state lands
				which the department is authorized to lease for the purpose of
				prospecting, developing and extracting coal resources. These rules
				are promulgated pursuant to RCW 79.01.652 through
				79.01.696.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-020, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-030 - Lands available for exploration and leasing - Authority to withhold

Current through Register Vol. 24-14, July 15, 2024
State lands subject to the management of the
				department shall be available for coal exploration in accordance with
				these regulations. The department is not required to offer any tract
				of land for coal exploration or coal mining unless it determines that
				the interests of the state would be served.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-030, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-040 - Applications

Current through Register Vol. 24-14, July 15, 2024
Applications for coal option contracts or coal mining
				leases shall be filed with the department in Olympia, Washington on
				forms provided by the department. An applicant may file more than one
				application and acquire more than one option contract or mining
				lease. Each application for a coal option contract or a coal mining
				lease shall be accompanied by a fee of one dollar per acre for the
				lands applied for but in no case less than fifty dollars. Fees shall
				be based upon acreages as determined by the
				department.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-040, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-050 - Refund of application fees

Current through Register Vol. 24-14, July 15, 2024
If an application for a coal option contract or a
				coal mining lease is rejected by the department, application fees may
				be refunded after deducting expenses incurred in investigating the
				character of the land.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-050, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-060 - Coal option contract and coal mining lease - Area - Term

Current through Register Vol. 24-14, July 15, 2024
One government surveyed section of land or up to 640
				acres, whichever is the larger area, may be the subject of a coal
				option contract or a coal mining lease. The term of a coal option
				contract may not exceed one year. The term of a coal mining lease may
				not exceed twenty years. The acreage in a single application does not
				need to be contiguous. The total area of a coal option contract or a
				coal mining lease shall be limited to a logical mining unit as
				determined by the department.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-060, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-070 - Coal option contract

Current through Register Vol. 24-14, July 15, 2024
The department may issue a coal option contract after
				investigation of the character of the state lands if the department
				deems it to be in the best interests of the state. An option contract
				may be conditioned or denied based upon the department's analysis of
				potential environmental impacts arising from applicant's proposed
				exploration activities upon the premises. Applications will be
				considered received by the department upon the date of its arrival at
				the department's Olympia office. Applications for an option contract
				will not be considered during the term of an existing option
				contract. If more than one application for a coal option contract is
				received on the same day for the same premises, the successful
				applicant will be chosen by drawing lots. The coal option contract
				will be prepared by the department and mailed to the applicant for
				execution. Applicant shall have thirty days from the date of the
				mailing to sign and return the option contract to the department.
				Failure to return the signed contract within the specified period may
				result in the rejection of the application.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-070, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-080 - Converting coal option contract - Lease

Current through Register Vol. 24-14, July 15, 2024
To convert a coal option contract to a coal mining
				lease, the holder must submit an application for conversion on a form
				provided by the department. Applicant shall provide a detailed report
				of the results of its investigation and exploration together with its
				proposed plan of development for the extraction and production of
				coal and a proposed reclamation plan. The plan will be used as a
				basis for SEPA analysis and evaluation of environmental
				impacts.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-080, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-090 - Coal mining leases - Environmental analysis

Current through Register Vol. 24-14, July 15, 2024
The department may condition or deny a coal mining
				lease based upon analysis of potential adverse environmental impacts.
				If a coal mining lease is awarded at public auction and is
				subsequently denied based upon potential adverse environmental
				impacts, all bid deposits will be refunded.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-090, filed
				  4/29/85.
Washington Administrative Code › Title 332 - Natural Resources, Board and Department of (See also Title 222) › Chapter 332-14 - Coal leasing rules and regulations › Section 332-14-100 - Procedure for award of coal mining lease at public auction

Current through Register Vol. 24-14, July 15, 2024
The department may offer coal mining leases for lands
				known to contain workable coal at public auction and award the lease
				to the highest bidder. Public bidding shall be by sealed bid followed
				by oral auction. Oral bidding will be confined to persons previously
				submitting sealed bids. Notice of the public auction shall be given
				at least thirty days prior to the auction in two newspapers of
				general circulation, one of which shall be in the county in which the
				premises are located. The notice shall specify the following:
(1) Place, date, and hour of the
			 auction;
(2) Legal
			 description of the premises;
(3) Royalty rates per RCW
			 79.01.668;
(4) The
			 minimum acceptable bonus bid.
Sealed bids shall be submitted in accordance with the
				notice of auction and shall be accompanied by a certified check for
				one-fifth of the total bid, together with the entire first year's
				minimum annual per acre royalty as established in the proposed lease.
				Unsuccessful sealed bidders will have their deposits refunded. A
				successful oral bidder shall submit payment within ten days of an
				additional payment to equal one-fifth of its total bid.
The coal lease will be awarded to the highest bidder,
				provided that it is duly executed and returned to the department with
				the balance of the bid. If an executed coal lease and the required
				payments are not received by the department within thirty days of the
				date of the auction, the proposed lease may be awarded to the next
				highest bidder and any moneys deposited by the defaulting bidder
				shall be forfeited to the department.
Award of a coal mining lease does not authorize any
				surface disturbing activities thereunder until SEPA requirements have
				been satisfied by the lessee.
Statutory Authority: RCW 79.01.668. 85-10-040
				  (Order 443), § 332-14-100, filed
				  4/29/85.