2013 Mississippi Code
Title 75 - REGULATION OF TRADE, COMMERCE AND INVESTMENTS
Chapter 58 - MISSISSIPPI NATURAL GAS MARKETING ACT
§ 75-58-5 - Applicability of chapter; safe harbor provision

(a) Applicability. This chapter shall apply to all natural gas wells and wells producing casinghead gas in Mississippi which are permitted on and after July 1, 1991. This chapter shall also apply to wells in a pool unitized pursuant to Section 53-3-7 or Section 53-3-101 et seq., Mississippi Code of 1972, after July 1, 1991, and shall not be applicable to natural gas wells or wells producing casinghead gas in a pool unitized prior to July 1, 1991, unless the operator desires to comply with the chapter pursuant to Section 75-58-5(b). Nothing contained in this chapter shall prohibit or inhibit the unitization of a field or pool.

(b) Safe Harbor Provision. The operator of a well permitted prior to July 1, 1991, or the operator of a field or pool unitized prior to July 1, 1991, pursuant to Section 53-3-7 or Section 53-3-101 et seq., Mississippi Code of 1972, who desires to comply with the provisions of this chapter may bring such well or unitized field or pool within the provisions of this chapter by giving all non-operators notice of his intent to comply with the provisions of this chapter. Unless a non-operator so notified delivers to the operator's office a written notification rejecting such an offer to have the provisions of this chapter held applicable to his proportionate interest within thirty (30) days after the operator has placed such notice in the United States mail postage prepaid, the provisions of this chapter and all benefits accruing to an operator hereunder shall be deemed applicable to such non-operator's proportionate interest. Only the operator or successor operator of a well permitted prior to July1, 1991, or field or pool unitized prior to July1, 1991, may initiate such action as is necessary to bring such well or unitized field or pool within the provisions of this chapter. In no event shall this provision be deemed to affect any existing contract between the owners of a well or unitized field or pool.