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Home » US Law » 2022 Montana Code Annotated » Title 82. Minerals, Oil, and Gas » Chapter 11. Oil and Gas Conservation » Part 1. Regulation by Board of Oil and Gas Conservation

82-11-126. Availability of facilities to bureau of mines

82-11-126. Availability of facilities to bureau of mines. The board may make available to the authorized personnel or representatives of the bureau of mines and geology such facilities, equipment, records, and cores and cuttings or samples of cores and cuttings as are or may be required by the bureau in the furtherance of its oil and […]

82-11-127. Prohibited activity — Makoshika state park

82-11-127. (Temporary) Prohibited activity — Makoshika state park. (1) A person may not: (a) cause pollution of any state waters or place or cause to be placed any liquid, gaseous, solid, or other substance in a location where the substance is likely to cause pollution of any state waters; (b) violate any provision set forth in a permit […]

82-11-131. Privilege and license tax

82-11-131. Privilege and license tax. (1) For the purpose of providing funds for defraying the expenses of the operation and enforcement of this chapter and expenses of the board, an operator or producer of oil and gas shall pay an assessment of 0.3% of the market value of each barrel of crude petroleum produced, saved and […]

82-11-132. Repealed

82-11-132. Repealed. Sec. 50, Ch. 451, L. 1995. History: En. Sec. 22, Ch. 238, L. 1953; amd. Sec. 1, Ch. 234, L. 1955; amd. Sec. 1, Ch. 198, L. 1957; amd. Sec. 1, Ch. 47, L. 1961; amd. Sec. 160, Ch. 147, L. 1963; amd. Sec. 1, Ch. 315, L. 1973; amd. Sec. 1, Ch. 130, L. […]

82-11-133. Repealed

82-11-133. Repealed. Sec. 50, Ch. 451, L. 1995. History: En. Sec. 22, Ch. 238, L. 1953; amd. Sec. 1, Ch. 234, L. 1955; amd. Sec. 1, Ch. 198, L. 1957; amd. Sec. 1, Ch. 47, L. 1961; amd. Sec. 160, Ch. 147, L. 1963; amd. Sec. 1, Ch. 315, L. 1973; amd. Sec. 1, Ch. 130, L. […]

82-11-134. Permit fees

82-11-134. Permit fees. In addition to the privilege and license tax, before commencing the drilling of an oil or gas well or stratigraphic test well or core hole, a person shall secure from the board a drilling permit and shall pay to the board therefor the following amounts: (1) for each well whose estimated depth is 3,500 […]

82-11-135. Money earmarked for board expenses

82-11-135. Money earmarked for board expenses. The state treasurer shall deposit all money distributed to the board under 15-36-331 and collected under this chapter in the state special revenue fund. The money must first be used for the purpose of paying all expenses of the board as provided in 15-36-331(2)(a) and then allocated as provided in […]

82-11-136. Expenditure of funds from bonds for plugging wells

82-11-136. (Temporary) Expenditure of funds from bonds for plugging wells. The board may accept and expend all funds received by it from bonds for properly plugging dry or abandoned wells as authorized in 82-11-123(5). 82-11-136. (Effective on occurrence of contingency) Expenditure of funds from bonds for plugging wells. (1) The board may accept and expend all funds […]

82-11-137. Class II injection well operating fee

82-11-137. (Temporary) Class II injection well operating fee. (1) For the purpose of providing funds for defraying the expenses of operating and enforcing the class II injection well regulatory program, as defined by the federal environmental protection agency or any successor agency, each operator of a class II injection well may be required to pay an […]

82-11-138. Rulemaking — microbial conversion wells

82-11-138. Rulemaking — microbial conversion wells. The board may adopt rules necessary to regulate well injections to restore or enhance the microbial conversion of hydrocarbon substrates to methane gas as class II injection wells. History: En. Sec. 1, Ch. 184, L. 2011.

82-11-141. Administrative procedure

82-11-141. Administrative procedure. (1) Unless otherwise provided, the Montana Administrative Procedure Act applies to this chapter. (2) An order or amendment of an order, except in an emergency, may not be made by the board without a public hearing upon at least 10 days’ notice. The public hearing must be held at a time and place as […]

82-11-142. Subpoena power — civil actions

82-11-142. Subpoena power — civil actions. (1) If the Montana Administrative Procedure Act does not apply, the board may subpoena witnesses, administer oaths, and require the production of records, books, and documents for examination at any hearing or investigation conducted by it. Witnesses subpoenaed under this subsection must be paid the same per diem and mileage […]

82-11-143. Rehearing

82-11-143. Rehearing. A person adversely affected by a rule or order of the board may within 20 days after its effective date apply to the board in writing for a rehearing. The application for rehearing must be acted upon at the board’s next regularly scheduled meeting after filing of the application, and if granted, the rehearing […]

82-11-144. Court review

82-11-144. Court review. Any interested person adversely affected by any provision of this chapter or by any rule or order adopted by the board hereunder or by any act done or threatened thereunder may obtain court review and seek relief by a suit for an injunction against the board as defendant, which suit may be instituted […]

82-11-145. Injunction or restraining order

82-11-145. Injunction or restraining order. (1) A temporary restraining order or temporary injunction of any kind may not be granted against the board and its members or against the attorney general or against an employee of the board, restraining the board and its members or employees or the attorney general from enforcing this chapter or any […]

82-11-146. Appeal

82-11-146. Appeal. An appeal to the supreme court may be taken from any final judgment, decree, or order in the action, as provided in the Montana Rules of Appellate Procedure. History: En. Sec. 12, Ch. 238, L. 1953; amd. Sec. 74, Ch. 253, L. 1974; R.C.M. 1947, 60-135(4).

82-11-147. Violations

82-11-147. Violations. (1) Notwithstanding any other provisions of this chapter, if the board finds upon receipt of evidence: (a) that a person is violating or threatening to violate this chapter or a rule or order of the board, the board may bring suit against that person in the district court of any county where the violation occurs […]

82-11-148. Criminal penalties

82-11-148. Criminal penalties. A person is guilty of a misdemeanor and shall be subject to a fine of not more than $10,000 per day of violation or imprisonment in a county jail for a term not exceeding 6 months or to both the fine and imprisonment if that person willfully violates any lawful rule or order […]