458A.1 Declaration of policy. It is declared to be in the public interest to foster, to encourage, and to promote the development, production, and utilization of natural resources of oil and gas and metallic minerals in the state in such a manner as will prevent waste; to authorize and to provide for the operation and […]
458A.10 Liens for development and operating costs. A person to whom another is indebted for expenses incurred in drilling and operating a well on a drilling unit required to be formed as provided for in section 458A.8, may, in order to secure payment of the amount due, fix a lien upon the interest of the […]
458A.11 Rules covering practice before department. 1. The department shall prescribe rules governing the practice and procedure before it. 2. An order or amendment of an order, except in an emergency, shall not be made by the department without a public hearing upon at least ten days’ notice. The public hearing shall be held at […]
458A.12 Summoning witnesses, administering oaths, requiring production of records — hearing examiners appointed. 1. The department may summon witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted. A person shall not be excused from attending and testifying, or from producing books, papers, and records […]
458A.14 Appeal to district court — procedure of appeal. Judicial review of an action of the department may be sought in accordance with the terms of chapter 17A. Notwithstanding that chapter, petitions for judicial review may be filed in the district court of Polk county or in the district court of any county in which […]
458A.15 Acquisition and handling of illegal oil and gas prohibited — seizure and sale of illegal oil and gas. 1. The sale, purchase, acquisition, transportation, refining, processing, or handling of illegal oil, illegal gas, or illegal product is prohibited. However, a penalty by way of fine shall not be imposed upon a person who sells, […]
458A.16 Penalties. 1. Any person who violates any provision of this chapter, or any rule or order of the department where no other penalty is provided is guilty of a simple misdemeanor. 2. A person is guilty of a fraudulent practice if the person, for the purpose of evading this chapter, or any rule or […]
458A.17 Action to restrain violation or threatened violation. 1. If it appears that any person is violating or threatening to violate any provision of this chapter, or any rule or order of the department, the department shall bring suit against the person in the district court of any county where the violation occurs or is […]
458A.18 Mineral rights taxed separately. All rights and interests in or to oil, gas, or other minerals underlying land, whether created by or arising under deed, lease, reservation of rights, or otherwise, which rights or interests are owned by any person other than the owner of the land, shall be assessed and taxed separately to […]
458A.19 Rate. In order to pay the costs of assessment and collection and provide a reasonable minimum standard of taxation, the taxes on any such rights or interests not owned by the owner of the land, shall be not less than five cents per acre. [C66, 71, 73, 75, 77, 79, 81, §84.19] C93, §458A.19
458A.2 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Certificate of clearance” means a permit prescribed by the department for the transportation or the delivery of oil or gas or product and issued or registered in accordance with the rule or order requiring the permit. 2. “Commission” means the environmental protection […]
458A.20 Tax sale — redemption by owner. When any such rights or interests not owned by the owner of the land are sold at tax sale, and when the owner of such rights or interests does not redeem under the provisions of chapter 447 within ninety days after such tax sale, the owner of the […]
458A.21 Lease of public lands. 1. The state, counties, cities, and other political subdivisions may lease publicly owned lands under their respective jurisdictions for the purpose of oil or gas or metallic minerals exploration and production. Any such leases shall be entered into on behalf of the state by the executive council, on behalf of […]
458A.22 Duty to have forfeited lease released — affidavit of noncompliance — notice to landowner — remedies. 1. When any oil, gas, or metallic mineral lease given on land situated in Iowa and recorded, becomes forfeited by failure of the lessee to comply with its provisions or the Iowa law, the lessee shall, within sixty […]
458A.23 Action to obtain release — damages, costs, and attorney fees — attachment. Should the owner of such lease neglect or refuse to execute a release as provided by this chapter, or contend lease is in full force and effect, then the owner of the leased premises may sue in any court of competent jurisdiction […]
458A.24 Extension upon contingency — affidavit. If a recorded lease contains the statement of any contingency upon the happening of which the term of any such lease may be extended, the owner of said lease may at any time before the expiration of the definite term of said lease file with said county recorder an […]
458A.25 Liens for labor or materials and of contractor and subcontractor — manner of perfecting liens — enforcement of liens. Provisions of chapter 572 as to mechanic’s liens or labor and materials furnished for improvements on real estate and of contractors and subcontractors shall apply to labor and materials furnished for gas or oil wells, […]
458A.3 Waste prohibited. Waste of oil and gas is prohibited. [C66, 71, 73, 75, 77, 79, 81, §84.3] C93, §458A.3
458A.4 Duties and powers of director. The director shall administer this chapter. The director shall make investigations the director deems proper to determine whether waste exists or is imminent or whether other facts exist which justify action. The director has the authority: 1. To require: a. Identification of ownership of oil or gas wells, producing […]
458A.5 Drilling permit required. It is unlawful to commence operations for the drilling of a well for oil or gas or the production of metallic minerals or to commence operations to deepen any well to a different geological formation without first giving the director notice of intention to drill, and without first obtaining a permit […]
