2016 Idaho Statutes
Title 47 - MINES AND MINING
Chapter 3 - OIL AND GAS WELLS -- GEOLOGIC INFORMATION, AND PREVENTION OF WASTE
Section 47-319 - LAND SUBJECT TO ACT -- AUTHORITY OF COMMISSION.

47-319. Land subject to act -- Authority of commission. (1) This act shall apply to all lands located in the state, however owned, including any lands owned or administered by any government or any agency or political subdivision thereof, over which the state under its police power, has jurisdiction.

(2) The commission is authorized and it is its duty to regulate the exploration for and production of oil and gas, prevent waste of oil and gas and to protect correlative rights, and otherwise to administer and enforce this act. It has jurisdiction over all persons and property necessary for such purposes. In the event of a conflict, the duty to prevent waste is paramount.

(3) The commission is authorized to make such investigations as it deems proper to determine whether action by the commission in discharging its duties is necessary.

(4) The commission is authorized to appoint, as necessary, committees for the purpose of advising the commission on matters relating to oil and gas.

(5) Without limiting its general authority, the commission shall have the specific authority to require:

(a) Identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil and gas;

(b) The taking and preservation of samples and the making and filing with the commission of true and correct copies of well logs and directional surveys both in form and content as prescribed by the commission; provided however, that logs of exploratory or wildcat wells marked confidential shall be subject to disclosure according to chapter 1, title 74, Idaho Code, and shall be kept confidential by the commission for a period of one (1) year from the date of filing the log with the commission. And provided that the commission may use any well logs and directional surveys in any action to enforce the provisions of this chapter or any order or rule adopted hereunder. And provided further, that after four (4) months from the effective date of this act, the commission may require the owner of a well theretofore drilled for oil or gas to file within four (4) months of such order a true and correct copy of the log or logs of such well;

(c) The drilling, casing, operation and plugging of wells in such manner as to prevent: (i) the escape of oil or gas out of one (1) pool into another; (ii) the detrimental intrusion of water into an oil or gas pool that is avoidable by efficient operations; (iii) the pollution of fresh water supplies by oil, gas, or saltwater; (iv) blow-outs, cavings, seepages, and fires; and (v) waste as hereinabove defined;

(d) The taking of tests of oil or gas wells;

(e) The furnishing of a reasonable performance bond with good and sufficient surety, conditioned upon the performance of the duty to comply with the requirements of this law and the regulations of the commission with respect to the drilling, maintaining, operating and plugging of each well drilled for oil or gas;

(f) That the production from wells be separated into gaseous and liquid hydrocarbons, and that each be measured by means and upon standards that may be prescribed by the commission;

(g) That wells not be operated with inefficient gas-oil or water-oil ratios, and to fix these ratios, and to limit production from wells with inefficient gas-oil or water-oil ratios;

(h) Metering or other measuring of oil, gas, or product;

(i) That every person who produces oil and gas in the state keep and maintain for a period of five (5) years complete and accurate records of the quantities thereof, which records, or certified copies thereof, shall be available for examination by the commission or its agents at all reasonable times within said period, and that every such person file with the commission such reasonable reports as it may prescribe with respect to such oil or gas production. Provided however, that reports of oil and gas production shall be kept confidential by the commission and shall be exempt from disclosure pursuant to section 74-107, Idaho Code, for a period of six (6) months from the date of filing the initial production report for a well with the commission, and thereafter all production reports for a well shall be subject to disclosure pursuant to chapter 1, title 74, Idaho Code; and

(j) The filing of reports of plats with the commission that it may prescribe.

(6) Without limiting its general authority, and without limiting the authority of other state agencies or local government as provided by law, the commission shall have the specific authority to regulate:

(a) The drilling and plugging of wells and the compression or dehydration of produced oil and gas, and all other operations for the production of oil and gas;

(b) The shooting and treatment of wells;

(c) The spacing or locating of wells;

(d) Operations to increase ultimate recovery, such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into a producing formation; and

(e) The disposal of saltwater and oil field wastes.

(7) The commission is authorized to classify and reclassify pools as oil, gas, or condensate pools, or wells as oil, gas, or condensate wells.

(8) The commission is authorized to make and enforce rules, regulations, and orders reasonably necessary to prevent waste, protect correlative rights, to govern the practice and procedure before the commission, and otherwise to administer this act.

(9) The commission is authorized to share such records or information with the Idaho geological survey. When any such record or information is exempt from disclosure under the Idaho public records act, section 74-101, et seq., Idaho Code, the sharing of such record or information between the oil and gas conservation commission, the Idaho department of lands, and the Idaho geological survey shall not render the shared information subject to disclosure to other persons under the Idaho public records act, section 74-101, et seq., Idaho Code. Notwithstanding the foregoing, nothing in this section shall be construed to limit the sharing of such records or information by the oil and gas commission and the Idaho department of lands with other state agencies, when authorized by law.

History:

[47-319, added 1963, ch. 148, sec. 5, p. 433; am. 1990, ch. 213, sec. 63, p. 532; am. 2012, ch. 73, sec. 2, p. 211; am. 2012, ch. 111, sec. 3, p. 303; am. 2013, ch. 189, sec. 2, p. 469; am. 2015, ch. 64, sec. 1, p. 173; am. 2015, ch. 141, sec. 120, p. 469; am. 2016, ch. 47, sec. 21, p. 115; am. 2016, ch. 194, sec. 3, p. 542.]