TITLE 47

MINES AND MINING

CHAPTER 3

OIL AND GAS WELLS — GEOLOGIC INFORMATION, AND PREVENTION OF WASTE

47-315.   Authority of commission. (1) The commission is authorized and it is its duty to regulate the exploration for and production of oil and gas, to prevent waste of oil and gas, to protect correlative rights, and to otherwise 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.

(2)  The commission and the department shall protect correlative rights by administering the provisions of this chapter in such a manner as to avoid the drilling of unnecessary wells or incurring unnecessary expense and in a manner that allows all operators and royalty owners a fair and just opportunity for production and the right to recover, receive and enjoy the benefits of oil and gas or equivalent resources while also protecting the rights of surface owners.

(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 and 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 findings, if taken or analyzed;

(c)  The drilling, casing, operation and plugging of wells in such manner as to prevent: (i) the escape of oil and gas out of one (1) pool into another; (ii) the detrimental intrusion of water into an oil and gas pool that is avoidable by efficient operations; (iii) the pollution of freshwater supplies by oil, gas, or saltwater; (iv) blowouts, cavings, seepages, and fires; and (v) waste as defined in section 47-310, Idaho Code;

(d)  The taking of tests of oil and 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 and gas;

(f)  That the production from wells be separated into gaseous and liquid hydrocarbons, which shall 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 and gas production; and

(j)  The filing of reports or 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 governments 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 perforation 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 produced water 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, to protect correlative rights, to govern the practice and procedure before the commission, and to otherwise administer this act.

(9)  The commission shall require the department to perform the following activities on an annual basis:

(a)  Inspect and report on all active well sites and equipment;

(b)  Visit and file a report on production and processing facilities; and

(c)  Submit an opinion as to any areas of concern, as identified on inspection reports.

History:

[(47-315) 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; am. and redesig. 2017, ch. 271, sec. 7, p. 683; am. 2023, ch. 283, sec. 3, p. 849.]