§ 60-1-608. Common Law Remedies Preserved
Nothing in this part shall be construed to diminish in any way the common law remedies, including damages, of a surface owner or any other person against the oil and gas developer for the unreasonable, negligent or otherwise wrongful exercise of the contractual right, whether express or implied, to use the surface of the land […]
§ 60-1-701. Measures by Operator at Well Site
At the well site, the operator shall take measures to prevent or minimize soil erosion and pollution of surface waters during the life of the operation. Such measures shall include sediment ponds, berms, diversion ditches, hay bales, and other measures designed to prevent erosion and discharge of pollutants from the well site.
§ 60-1-702. Access Roads
Access roads shall be constructed in such a manner as to reduce erosion to a practical minimum. Any regulations promulgated pursuant to this part concerning access roads shall be guidelines only and shall not be mandatory.
§ 60-1-703. Manner of Accomplishing Reclamation of Disturbed Areas
Reclamation of all disturbed areas shall be accomplished in the following manner: The vegetative cover must be diverse, effective, and permanent. It must be capable of long-term stabilization of the soil and must not impede natural vegetative succession or interfere with surrounding vegetative cover; The permanent reclamation plant species must be capable of self-regeneration and […]
§ 60-1-704. Release of Reclamation Bond
Upon satisfactory completion of regrading and revegetation of all disturbed areas except active work areas and access roads needed for oil or gas production, the supervisor shall release one third (1/3) of the reclamation bond. After plugging, and upon final reclamation and satisfactory survival of the vegetation through two (2) growing seasons, the supervisor shall […]
§ 60-1-705. Failure to Perform — Forfeiture of Bond — Securing Performance
Upon failure of any operator to perform site protection or reclamation activities, as required by this chapter, and notice of default, if the default is not cured within a reasonable time by the operator or the surety, if any, on the operator’s bond, the board shall declare the bond forfeited, collect the bond and use […]
§ 60-1-603. Part Definitions
For purposes of this part and unless the context clearly requires otherwise, the terms listed below will have the following meaning: “Drilling operation” means the actual drilling or redrilling of an oil or gas well and the related preparation of the drilling site and access roads, which requires entry upon the surface estate; “Oil and […]
§ 60-1-604. Compensation of Surface Owners for Drilling Operations
The oil and gas developer shall be obligated to pay the surface owner for: Lost income or expenses incurred as a result of being unable to dedicate land actually occupied by the driller’s operation or to which access is prevented by such drilling operation to the uses to which it was dedicated prior to commencement […]
§ 60-1-605. Notice of Claim
Any surface owner, to receive compensation under this part shall notify by certified mail, return receipt requested, the oil and gas developer of the damages sustained by the person within three (3) years after the injury occurs.
§ 60-1-606. Response to Persons Seeking Compensation
Within sixty (60) days after the oil and gas developer receives notice of damages, the oil and gas developer shall make a written response to the person seeking compensation for the damages.