§ 6121. Commencing of operations for drilling. Subject to the lessee’s right to surrender, the lessee shall commence operations for the drilling of a well within 5 years from date of the lease and commence production within 3 years of discovery of oil, gas, sulphur or other minerals in paying quantities, unless the Secretary shall […]
§ 6122. Nonconflicting uses. The State reserves the right to permit reasonable nonconflicting use (including seismic surveys but excluding core hole drilling of lands under lease) so long as: (1) Such uses do not unreasonably impair or interfere with operations of the lessee; and (2) Requirement is made that the permittee indemnify the lessee against […]
§ 6123. Assignability of lease. No permit, easement or lease, or any portion thereof shall be assignable without the prior written consent of the Secretary. 7 Del. C. 1953, § 6423; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;
§ 6124. Protection against drainage. The lessee shall at all times proceed with due diligence to protect the leasehold from drainage by wells on land not owned by the State. 7 Del. C. 1953, § 6424; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1;
§ 6125. Surrender by lessee. The lessee may at any time file with the Secretary a written surrender of all rights under the lease or any portion thereof or any separate or distinct zone or geological horizon or any portion thereof. Such surrender shall be effective as of the date of its filing subject to […]
§ 6126. Cancellation of lease; judicial proceedings. The Secretary may cancel any lease upon which oil, gas, sulphur or other minerals have not been discovered in paying quantities, upon failure of the lessee after 30 days’ written notice and demand for performance, to exercise due diligence and care in the prosecution of the prospecting of […]
§ 6127. Lease shall conform to all laws, rules and regulations. It shall be a continuing condition of any lease that the lessee shall conform to all applicable laws of the State and all duly promulgated rules and regulations pursuant thereto in effect at the date of the invitation for bids in pursuance of which […]
§ 6128. Notice of offer to lease; bid award; fee. (a) The Secretary may offer to lease tide and submerged lands by publication of a notice of his or her intention to do so, once each week for not less than 2 weeks in 2 or more newspapers of general circulation in this State, 1 […]
§ 6129. Execution of lease. All leases and other instruments required in carrying out this chapter shall be executed by the Secretary and the Governor. All bonds, contracts and other instruments required by this chapter for the protection of the interests of this State and its political subdivisions, persons and property therein, shall be executed […]
§ 6130. Proceeds to General Fund. The proceeds from all leases under this chapter, including rents and royalties, after payment of the necessary expenses incurred by the Secretary in carrying out this chapter, shall be turned over to the Secretary of Finance and deposited by him or her in the General Fund of the State. […]
§ 6131. Discriminatory bidding requirements prohibited. In leasing tide and submerged lands, the Secretary may not discriminate between bidders by requiring drilling from: (1) Upland or littoral drill sites; (2) Sites on filled land, whether contiguous or noncontiguous to the littoral lands or uplands; or (3) Any pier, platform or other fixed or floating structure […]
§ 6132. Retention or protection of fill. Under a lease entered into by the Secretary pursuant to this chapter, the fill constituting filled lands may be retained in place or protected by bulkheads, seawalls, revetments or similar enclosures and may be placed at any location approved by the Secretary in consultation with interested agencies, boards […]
§ 6133. Interest leaseable. Any interest in lands, or lands in fee simple, acquired by the Secretary by purchase, donation, lease, condemnation or otherwise, may be made available to any lessee of the State for the purposes contained in this chapter and upon such terms and conditions as may be determined by the Secretary. 7 […]
§ 6134. Joint exploration. For the purpose of properly conserving the natural resources of any single oil, gas or other mineral, pool or field lessees under this chapter and their representatives may unite with each other jointly or separately, or jointly or separately with others owning or operating lands not belonging to the State, in […]
§ 6135. Sulphur. This chapter applies equally to the exploration and leasing of tide and submerged lands for the production of sulphur, save and except that the royalty for sulphur produced under this chapter shall not be less than $1.00 per long ton. 7 Del. C. 1953, § 6435; 55 Del. Laws, c. 442, § […]
§ 6136. Jurisdiction over matters affecting health and safety. This chapter does not deprive this State or any agency or instrumentality thereof of its jurisdiction over matters affecting the public health and safety, including but not limited to the control of air and water pollution. 7 Del. C. 1953, § 6436; 55 Del. Laws, c. […]
§ 6137. No permit or lease to violators of this chapter. No permit or lease shall be granted to any person then in violation of any law or regulation applicable to this chapter. 7 Del. C. 1953, § 6437; 55 Del. Laws, c. 442, § 1; 59 Del. Laws, c. 212, § 1; 65 Del. […]
§ 6138. Rules, regulations, orders. In addition to and not in lieu of any other powers granted under this chapter, the Secretary may promulgate reasonable rules, regulations and orders necessary to regulate geological, geophysical and seismic surveys on, and operations to remove oil, gas, sulphur and other minerals from the tide and submerged lands of […]
§ 6139. Federal approval. All leases and permits granted pursuant to this chapter shall be subject to prior approval by the Department of Defense of the United States and shall be subject to any restriction or limitation imposed by the Department of Defense. 7 Del. C. 1953, § 6439; 55 Del. Laws, c. 442, § […]
§ 6140. Delegation of authority. The Secretary may, from time to time, delegate the State Geologist, with his or her consent, to act in the Secretary’s behalf under this chapter. When so designated, the State Geologist shall have all the duties and powers of the Secretary under this chapter. 7 Del. C. 1953, § 6440; […]
