3600. Except as otherwise provided in this chapter, any well
hereafter drilled for oil or gas, or hereafter drilled and permitted
to produce oil or gas, which is located within 100 feet of an outer
boundary of the parcel of land on which the well is situated, or
within 100 feet of a public street or road or highway dedicated prior
to the commencement of drilling of the well, or within 150 feet of
either a well being drilled or a well theretofore drilled which is
producing oil or gas or a well which has been drilled and is not
producing but which is capable of producing oil or gas, is a public
nuisance.
3601. Where several contiguous parcels of land in one or different
ownerships are operated as a single oil or gas lease or operating
unit, the term "outer boundary line" means the outer boundary line of
the lands included in the lease or unit. In determining the
contiguity of any such parcels of land, no street, road or alley
lying within the lease or unit shall be deemed to interrupt such
contiguity.
3602. Where a parcel of land contains one acre or more, but is less
than 250 feet in width, there may be drilled on the parcel of land
not more than one well to each acre of the area if the surface
location of any well or wells is so placed as to be as far from the
lateral boundary lines of the parcel of land as the configuration of
the surface and the existing improvements thereon will permit.
3602.1. Where a parcel of land contains one acre or more and the
hydrocarbons to be developed are too heavy or viscous to produce by
normal means, and the supervisor so determines, the supervisor may
approve proposals to drill wells at whatever locations he deems
advisable for the purpose of the proper development of such
hydrocarbons by the application of pressure, heat or other means for
the reduction of oil viscosity, and such wells shall not be classed
as public nuisances after approval by the supervisor.
3602.2. In determining the area of parcels of land for the purposes
of this chapter, the area of the oil and gas mineral estate shall be
used exclusively.
3603. For the purposes of this chapter, an alley which intersects
or lies within any block or other subdivision unit is not a public
street or road.
3604. Each day in which the drilling of any well is carried on, or
on which it is permitted to produce oil or gas in violation of this
chapter is a separate nuisance.
3605. The provisions of this chapter do not apply to any field
producing oil or gas on August 14, 1931.
3606. Notwithstanding any other provisions of this chapter, where a
parcel of land contains one acre or more and where all or
substantially all of the surface of such parcel of land is
unavailable for the surface location of oil or gas wells, there may
be drilled or produced not more than one well into each acre of such
parcel of land, and the surface location of such well may be located
upon property which may or may not contain one acre or more of
surface area, and the property upon the surface of which the surface
location of such well may be located may or may not be contiguous to
such parcel of land; provided:
1. No operator shall construct or maintain any derrick within 150
feet of any other derrick, then standing, of such operator unless
approved in advance by the supervisor who may, in granting such
approval, attach such conditions as are reasonably necessary to carry
out the purposes of this chapter.
2. The surface location of such well, as measured from the center
of the hole, shall be not less than 25 feet from an outer boundary of
the surface of the property upon which such well is located, and
shall be not less than 25 feet from any dedicated public street, road
or highway which is so dedicated and in such public use at the time
of the commencement of drilling of such well.
3. The producing interval of such well shall be not less than 75
feet from an outer boundary of the parcel of land into which such
producing interval is drilled, and the producing interval of such
well shall be not less than 150 feet, as measured horizontally in the
same zone, from the producing interval of any other well which is
producing or capable of producing oil or gas. If the parcel of land
qualified to be drilled under this section is less than 150 feet in
width, the producing interval of such well shall be as far from the
lateral boundary lines of the property as is practicable.
To enforce the provisions of this section, the supervisor may
require, at the time supervisor gives approval of notice of intention
to drill, redrill or deepen, that a subsurface directional survey be
made for such well, and that a plat of said directional survey be
filed with the supervisor within fifteen (15) days of completion.
3606.1. The 150-foot restriction in Sections 3600 and elsewhere in
this chapter shall apply only to wells drilled and producing from the
same zone or pool; provided, however, that the well density shall
not exceed one well per acre unless the supervisor shall determine
that more than one zone or pool underlies the property and that it is
not practical to produce from all of such zones or pools from a
single well per acre and that such other zones or pools are being
drained by offset wells. In such cases only, a maximum density of two
wells per acre may be approved. These exceptions to the general
spacing rule shall apply also to properties qualifying under Sections
3602 and 3606.
3607. The prohibition set forth in Section 3600 against drilling
within 100 feet of any public street or highway shall not apply in
the case of any street or highway which is opened through a field in
which drilling was commenced prior to the opening of the street or
highway.
3608. Where land aggregating less than one acre is surrounded by
other lands, which other lands are subject to an oil and gas lease
aggregating one acre or more, and if, under the provisions of
Sections 3600 to 3607, inclusive, of the Public Resources Code, the
drilling or producing of a well on said land is declared to be a
public nuisance, said land shall, for oil and gas development
purposes and to prevent waste and to protect the oil and gas rights
of landowners, be deemed included in said oil and gas lease on said
other lands, and shall be subject to all the terms and provisions
thereof, when the State Oil and Gas Supervisor has caused to be
recorded with the county recorder of the county in which said land
aggregating less than one acre is located a declaration as
hereinafter provided. A request for inclusion of surrounded land
aggregating less than one acre may be filed with the supervisor at
any time by either the lessee of such other lands or by the owner or
lessee of such surrounded land or the supervisor may act upon his own
motion. Before filing such request the lessee of such other lands
shall make a reasonable effort to include each parcel of surrounded
land, within the oil and gas lease upon such other lands.
There shall be attached to such request a statement which shall
set forth the name or names of the record owner or record owners of
said land aggregating less than one acre which is to be included in
said oil and gas lease on said other lands, the legal description of
said land aggregating less than one acre, name of the lessee of the
oil and gas lease in which such land is to be included, and a
reference to the book and page of the official records of the county
recorder where such oil and gas lease is recorded or a reference to
the document number and date of recordation of such oil and gas
lease. Within 20 days following receipt of such request and attached
statement, the supervisor shall cause to be recorded with the county
recorder of the county in which said land aggregating less than one
acre is located, a declaration, signed by him or his assistant or
deputy, that said land is deemed by the provisions of this section to
be included in said oil and gas lease on said other lands. Such
declaration shall set forth the same information required to be set
forth in the statement attached to the request, and a copy thereof
shall be mailed or otherwise delivered by the supervisor to the
lessee. The county recorder shall accept such declaration for
recordation and shall index such declaration in the names of all
persons or corporations mentioned therein. From the time of recording
thereof in the office of the county recorder such notice shall
impart constructive notice of the contents thereof to all persons
dealing with the land therein described.
The owners of the oil and gas mineral rights in said land so
deemed included in said oil and gas lease on said other lands, as
herein provided, shall thereafter receive in money, based upon the
production of oil and gas from the leasehold including said land or
lands unitized or pooled therewith, a pro rata share of the
landowners' royalty determined in accordance with the provisions of
said oil and gas lease in the proportion that the area of said land
bears to the aggregate of the total area covered by said oil and gas
lease including the area of said land or as otherwise provided in
said lease; provided further, that said owners of said oil and gas
mineral rights in said land shall in no case receive less than their
pro rata share determined, as herein provided, of the value of
one-eighth part of the oil and gas produced, saved and sold from or
allocated to the operating unit comprising said leasehold on said
other lands and said land, computed in accordance with the provisions
of said oil and gas lease with respect to the computation of
landowners' royalty; provided further that upon recordation of the
statement by the supervisor, the owners of such oil and gas mineral
rights in such land shall also receive a pro rata share of any other
benefits thereafter accruing to the owners of the oil and gas mineral
rights under the terms of the oil and gas lease on such other lands;
and provided further, that without the consent of said owners of
said land the lessee or operator of said oil and gas leasehold shall
have no right to use the surface of said land nor to use the
subsurface thereof down to a depth of 200 feet below the surface
thereof.
Where said land aggregating less than one acre is surrounded by
lands which are not subject to a single oil and gas lease but is
surrounded by lands which are subject to two or more separate oil and
gas leases, one or more of which oil or gas leases aggregates one
acre or more, then in such event the said land aggregating less than
one acre shall, as herein provided, be included within and be joined
to that oil and gas lease aggregating one acre or more as to which
said parcel of land aggregating less than one acre has the longest
common boundary. If there is no longest common boundary, the request
shall designate the lease, aggregating one acre or more, into which
the parcel aggregating less than one acre shall be included by the
declaration of the supervisor; otherwise the supervisor shall make
such designation.
In determining the contiguity of any parcels of land for the
purposes hereof, no road, street or alley shall be deemed to
interrupt such contiguity.
3608.1. The owner or operator of any leasehold, into which land has
been included under the provisions of Section 3608, shall cause to
be recorded an appropriate quitclaim to such land in the proper
county recorder's office when such leasehold has been terminated.
3609. Notwithstanding any other provisions of this chapter, if the
supervisor determines, pursuant to rules and regulations and after a
public hearing, that the development of a pool discovered after the
effective date of this section for the production of oil and gas, or
either, requires the adoption of a well-spacing pattern other than
that specified in Sections 3600 to 3608.1, inclusive, in order to
prevent waste and to increase the ultimate economic recovery of oil
or gas, he may adopt a well-spacing plan to apply to the surface and
subsurface of a designated pool. Such plan shall be applicable to all
wells thereafter drilled or redrilled into such pool. Such plan may
include a requirement that, as a prerequisite to approval to drill or
redrill a well, all or certain specified parcels of land shall be
included in a pooling or unit agreement. The supervisor may provide
in the rules and regulations for mandatory pooling agreements in
connection with the well-spacing order.
3600. Except as otherwise provided in this chapter, any well
hereafter drilled for oil or gas, or hereafter drilled and permitted
to produce oil or gas, which is located within 100 feet of an outer
boundary of the parcel of land on which the well is situated, or
within 100 feet of a public street or road or highway dedicated prior
to the commencement of drilling of the well, or within 150 feet of
either a well being drilled or a well theretofore drilled which is
producing oil or gas or a well which has been drilled and is not
producing but which is capable of producing oil or gas, is a public
nuisance.
3601. Where several contiguous parcels of land in one or different
ownerships are operated as a single oil or gas lease or operating
unit, the term "outer boundary line" means the outer boundary line of
the lands included in the lease or unit. In determining the
contiguity of any such parcels of land, no street, road or alley
lying within the lease or unit shall be deemed to interrupt such
contiguity.
3602. Where a parcel of land contains one acre or more, but is less
than 250 feet in width, there may be drilled on the parcel of land
not more than one well to each acre of the area if the surface
location of any well or wells is so placed as to be as far from the
lateral boundary lines of the parcel of land as the configuration of
the surface and the existing improvements thereon will permit.
3602.1. Where a parcel of land contains one acre or more and the
hydrocarbons to be developed are too heavy or viscous to produce by
normal means, and the supervisor so determines, the supervisor may
approve proposals to drill wells at whatever locations he deems
advisable for the purpose of the proper development of such
hydrocarbons by the application of pressure, heat or other means for
the reduction of oil viscosity, and such wells shall not be classed
as public nuisances after approval by the supervisor.
3602.2. In determining the area of parcels of land for the purposes
of this chapter, the area of the oil and gas mineral estate shall be
used exclusively.
3603. For the purposes of this chapter, an alley which intersects
or lies within any block or other subdivision unit is not a public
street or road.
3604. Each day in which the drilling of any well is carried on, or
on which it is permitted to produce oil or gas in violation of this
chapter is a separate nuisance.
3605. The provisions of this chapter do not apply to any field
producing oil or gas on August 14, 1931.
3606. Notwithstanding any other provisions of this chapter, where a
parcel of land contains one acre or more and where all or
substantially all of the surface of such parcel of land is
unavailable for the surface location of oil or gas wells, there may
be drilled or produced not more than one well into each acre of such
parcel of land, and the surface location of such well may be located
upon property which may or may not contain one acre or more of
surface area, and the property upon the surface of which the surface
location of such well may be located may or may not be contiguous to
such parcel of land; provided:
1. No operator shall construct or maintain any derrick within 150
feet of any other derrick, then standing, of such operator unless
approved in advance by the supervisor who may, in granting such
approval, attach such conditions as are reasonably necessary to carry
out the purposes of this chapter.
2. The surface location of such well, as measured from the center
of the hole, shall be not less than 25 feet from an outer boundary of
the surface of the property upon which such well is located, and
shall be not less than 25 feet from any dedicated public street, road
or highway which is so dedicated and in such public use at the time
of the commencement of drilling of such well.
3. The producing interval of such well shall be not less than 75
feet from an outer boundary of the parcel of land into which such
producing interval is drilled, and the producing interval of such
well shall be not less than 150 feet, as measured horizontally in the
same zone, from the producing interval of any other well which is
producing or capable of producing oil or gas. If the parcel of land
qualified to be drilled under this section is less than 150 feet in
width, the producing interval of such well shall be as far from the
lateral boundary lines of the property as is practicable.
To enforce the provisions of this section, the supervisor may
require, at the time supervisor gives approval of notice of intention
to drill, redrill or deepen, that a subsurface directional survey be
made for such well, and that a plat of said directional survey be
filed with the supervisor within fifteen (15) days of completion.
3606.1. The 150-foot restriction in Sections 3600 and elsewhere in
this chapter shall apply only to wells drilled and producing from the
same zone or pool; provided, however, that the well density shall
not exceed one well per acre unless the supervisor shall determine
that more than one zone or pool underlies the property and that it is
not practical to produce from all of such zones or pools from a
single well per acre and that such other zones or pools are being
drained by offset wells. In such cases only, a maximum density of two
wells per acre may be approved. These exceptions to the general
spacing rule shall apply also to properties qualifying under Sections
3602 and 3606.
3607. The prohibition set forth in Section 3600 against drilling
within 100 feet of any public street or highway shall not apply in
the case of any street or highway which is opened through a field in
which drilling was commenced prior to the opening of the street or
highway.
3608. Where land aggregating less than one acre is surrounded by
other lands, which other lands are subject to an oil and gas lease
aggregating one acre or more, and if, under the provisions of
Sections 3600 to 3607, inclusive, of the Public Resources Code, the
drilling or producing of a well on said land is declared to be a
public nuisance, said land shall, for oil and gas development
purposes and to prevent waste and to protect the oil and gas rights
of landowners, be deemed included in said oil and gas lease on said
other lands, and shall be subject to all the terms and provisions
thereof, when the State Oil and Gas Supervisor has caused to be
recorded with the county recorder of the county in which said land
aggregating less than one acre is located a declaration as
hereinafter provided. A request for inclusion of surrounded land
aggregating less than one acre may be filed with the supervisor at
any time by either the lessee of such other lands or by the owner or
lessee of such surrounded land or the supervisor may act upon his own
motion. Before filing such request the lessee of such other lands
shall make a reasonable effort to include each parcel of surrounded
land, within the oil and gas lease upon such other lands.
There shall be attached to such request a statement which shall
set forth the name or names of the record owner or record owners of
said land aggregating less than one acre which is to be included in
said oil and gas lease on said other lands, the legal description of
said land aggregating less than one acre, name of the lessee of the
oil and gas lease in which such land is to be included, and a
reference to the book and page of the official records of the county
recorder where such oil and gas lease is recorded or a reference to
the document number and date of recordation of such oil and gas
lease. Within 20 days following receipt of such request and attached
statement, the supervisor shall cause to be recorded with the county
recorder of the county in which said land aggregating less than one
acre is located, a declaration, signed by him or his assistant or
deputy, that said land is deemed by the provisions of this section to
be included in said oil and gas lease on said other lands. Such
declaration shall set forth the same information required to be set
forth in the statement attached to the request, and a copy thereof
shall be mailed or otherwise delivered by the supervisor to the
lessee. The county recorder shall accept such declaration for
recordation and shall index such declaration in the names of all
persons or corporations mentioned therein. From the time of recording
thereof in the office of the county recorder such notice shall
impart constructive notice of the contents thereof to all persons
dealing with the land therein described.
The owners of the oil and gas mineral rights in said land so
deemed included in said oil and gas lease on said other lands, as
herein provided, shall thereafter receive in money, based upon the
production of oil and gas from the leasehold including said land or
lands unitized or pooled therewith, a pro rata share of the
landowners' royalty determined in accordance with the provisions of
said oil and gas lease in the proportion that the area of said land
bears to the aggregate of the total area covered by said oil and gas
lease including the area of said land or as otherwise provided in
said lease; provided further, that said owners of said oil and gas
mineral rights in said land shall in no case receive less than their
pro rata share determined, as herein provided, of the value of
one-eighth part of the oil and gas produced, saved and sold from or
allocated to the operating unit comprising said leasehold on said
other lands and said land, computed in accordance with the provisions
of said oil and gas lease with respect to the computation of
landowners' royalty; provided further that upon recordation of the
statement by the supervisor, the owners of such oil and gas mineral
rights in such land shall also receive a pro rata share of any other
benefits thereafter accruing to the owners of the oil and gas mineral
rights under the terms of the oil and gas lease on such other lands;
and provided further, that without the consent of said owners of
said land the lessee or operator of said oil and gas leasehold shall
have no right to use the surface of said land nor to use the
subsurface thereof down to a depth of 200 feet below the surface
thereof.
Where said land aggregating less than one acre is surrounded by
lands which are not subject to a single oil and gas lease but is
surrounded by lands which are subject to two or more separate oil and
gas leases, one or more of which oil or gas leases aggregates one
acre or more, then in such event the said land aggregating less than
one acre shall, as herein provided, be included within and be joined
to that oil and gas lease aggregating one acre or more as to which
said parcel of land aggregating less than one acre has the longest
common boundary. If there is no longest common boundary, the request
shall designate the lease, aggregating one acre or more, into which
the parcel aggregating less than one acre shall be included by the
declaration of the supervisor; otherwise the supervisor shall make
such designation.
In determining the contiguity of any parcels of land for the
purposes hereof, no road, street or alley shall be deemed to
interrupt such contiguity.
3608.1. The owner or operator of any leasehold, into which land has
been included under the provisions of Section 3608, shall cause to
be recorded an appropriate quitclaim to such land in the proper
county recorder's office when such leasehold has been terminated.
3609. Notwithstanding any other provisions of this chapter, if the
supervisor determines, pursuant to rules and regulations and after a
public hearing, that the development of a pool discovered after the
effective date of this section for the production of oil and gas, or
either, requires the adoption of a well-spacing pattern other than
that specified in Sections 3600 to 3608.1, inclusive, in order to
prevent waste and to increase the ultimate economic recovery of oil
or gas, he may adopt a well-spacing plan to apply to the surface and
subsurface of a designated pool. Such plan shall be applicable to all
wells thereafter drilled or redrilled into such pool. Such plan may
include a requirement that, as a prerequisite to approval to drill or
redrill a well, all or certain specified parcels of land shall be
included in a pooling or unit agreement. The supervisor may provide
in the rules and regulations for mandatory pooling agreements in
connection with the well-spacing order.
3600. Except as otherwise provided in this chapter, any well
hereafter drilled for oil or gas, or hereafter drilled and permitted
to produce oil or gas, which is located within 100 feet of an outer
boundary of the parcel of land on which the well is situated, or
within 100 feet of a public street or road or highway dedicated prior
to the commencement of drilling of the well, or within 150 feet of
either a well being drilled or a well theretofore drilled which is
producing oil or gas or a well which has been drilled and is not
producing but which is capable of producing oil or gas, is a public
nuisance.
3601. Where several contiguous parcels of land in one or different
ownerships are operated as a single oil or gas lease or operating
unit, the term "outer boundary line" means the outer boundary line of
the lands included in the lease or unit. In determining the
contiguity of any such parcels of land, no street, road or alley
lying within the lease or unit shall be deemed to interrupt such
contiguity.
3602. Where a parcel of land contains one acre or more, but is less
than 250 feet in width, there may be drilled on the parcel of land
not more than one well to each acre of the area if the surface
location of any well or wells is so placed as to be as far from the
lateral boundary lines of the parcel of land as the configuration of
the surface and the existing improvements thereon will permit.
3602.1. Where a parcel of land contains one acre or more and the
hydrocarbons to be developed are too heavy or viscous to produce by
normal means, and the supervisor so determines, the supervisor may
approve proposals to drill wells at whatever locations he deems
advisable for the purpose of the proper development of such
hydrocarbons by the application of pressure, heat or other means for
the reduction of oil viscosity, and such wells shall not be classed
as public nuisances after approval by the supervisor.
3602.2. In determining the area of parcels of land for the purposes
of this chapter, the area of the oil and gas mineral estate shall be
used exclusively.
3603. For the purposes of this chapter, an alley which intersects
or lies within any block or other subdivision unit is not a public
street or road.
3604. Each day in which the drilling of any well is carried on, or
on which it is permitted to produce oil or gas in violation of this
chapter is a separate nuisance.
3605. The provisions of this chapter do not apply to any field
producing oil or gas on August 14, 1931.
3606. Notwithstanding any other provisions of this chapter, where a
parcel of land contains one acre or more and where all or
substantially all of the surface of such parcel of land is
unavailable for the surface location of oil or gas wells, there may
be drilled or produced not more than one well into each acre of such
parcel of land, and the surface location of such well may be located
upon property which may or may not contain one acre or more of
surface area, and the property upon the surface of which the surface
location of such well may be located may or may not be contiguous to
such parcel of land; provided:
1. No operator shall construct or maintain any derrick within 150
feet of any other derrick, then standing, of such operator unless
approved in advance by the supervisor who may, in granting such
approval, attach such conditions as are reasonably necessary to carry
out the purposes of this chapter.
2. The surface location of such well, as measured from the center
of the hole, shall be not less than 25 feet from an outer boundary of
the surface of the property upon which such well is located, and
shall be not less than 25 feet from any dedicated public street, road
or highway which is so dedicated and in such public use at the time
of the commencement of drilling of such well.
3. The producing interval of such well shall be not less than 75
feet from an outer boundary of the parcel of land into which such
producing interval is drilled, and the producing interval of such
well shall be not less than 150 feet, as measured horizontally in the
same zone, from the producing interval of any other well which is
producing or capable of producing oil or gas. If the parcel of land
qualified to be drilled under this section is less than 150 feet in
width, the producing interval of such well shall be as far from the
lateral boundary lines of the property as is practicable.
To enforce the provisions of this section, the supervisor may
require, at the time supervisor gives approval of notice of intention
to drill, redrill or deepen, that a subsurface directional survey be
made for such well, and that a plat of said directional survey be
filed with the supervisor within fifteen (15) days of completion.
3606.1. The 150-foot restriction in Sections 3600 and elsewhere in
this chapter shall apply only to wells drilled and producing from the
same zone or pool; provided, however, that the well density shall
not exceed one well per acre unless the supervisor shall determine
that more than one zone or pool underlies the property and that it is
not practical to produce from all of such zones or pools from a
single well per acre and that such other zones or pools are being
drained by offset wells. In such cases only, a maximum density of two
wells per acre may be approved. These exceptions to the general
spacing rule shall apply also to properties qualifying under Sections
3602 and 3606.
3607. The prohibition set forth in Section 3600 against drilling
within 100 feet of any public street or highway shall not apply in
the case of any street or highway which is opened through a field in
which drilling was commenced prior to the opening of the street or
highway.
3608. Where land aggregating less than one acre is surrounded by
other lands, which other lands are subject to an oil and gas lease
aggregating one acre or more, and if, under the provisions of
Sections 3600 to 3607, inclusive, of the Public Resources Code, the
drilling or producing of a well on said land is declared to be a
public nuisance, said land shall, for oil and gas development
purposes and to prevent waste and to protect the oil and gas rights
of landowners, be deemed included in said oil and gas lease on said
other lands, and shall be subject to all the terms and provisions
thereof, when the State Oil and Gas Supervisor has caused to be
recorded with the county recorder of the county in which said land
aggregating less than one acre is located a declaration as
hereinafter provided. A request for inclusion of surrounded land
aggregating less than one acre may be filed with the supervisor at
any time by either the lessee of such other lands or by the owner or
lessee of such surrounded land or the supervisor may act upon his own
motion. Before filing such request the lessee of such other lands
shall make a reasonable effort to include each parcel of surrounded
land, within the oil and gas lease upon such other lands.
There shall be attached to such request a statement which shall
set forth the name or names of the record owner or record owners of
said land aggregating less than one acre which is to be included in
said oil and gas lease on said other lands, the legal description of
said land aggregating less than one acre, name of the lessee of the
oil and gas lease in which such land is to be included, and a
reference to the book and page of the official records of the county
recorder where such oil and gas lease is recorded or a reference to
the document number and date of recordation of such oil and gas
lease. Within 20 days following receipt of such request and attached
statement, the supervisor shall cause to be recorded with the county
recorder of the county in which said land aggregating less than one
acre is located, a declaration, signed by him or his assistant or
deputy, that said land is deemed by the provisions of this section to
be included in said oil and gas lease on said other lands. Such
declaration shall set forth the same information required to be set
forth in the statement attached to the request, and a copy thereof
shall be mailed or otherwise delivered by the supervisor to the
lessee. The county recorder shall accept such declaration for
recordation and shall index such declaration in the names of all
persons or corporations mentioned therein. From the time of recording
thereof in the office of the county recorder such notice shall
impart constructive notice of the contents thereof to all persons
dealing with the land therein described.
The owners of the oil and gas mineral rights in said land so
deemed included in said oil and gas lease on said other lands, as
herein provided, shall thereafter receive in money, based upon the
production of oil and gas from the leasehold including said land or
lands unitized or pooled therewith, a pro rata share of the
landowners' royalty determined in accordance with the provisions of
said oil and gas lease in the proportion that the area of said land
bears to the aggregate of the total area covered by said oil and gas
lease including the area of said land or as otherwise provided in
said lease; provided further, that said owners of said oil and gas
mineral rights in said land shall in no case receive less than their
pro rata share determined, as herein provided, of the value of
one-eighth part of the oil and gas produced, saved and sold from or
allocated to the operating unit comprising said leasehold on said
other lands and said land, computed in accordance with the provisions
of said oil and gas lease with respect to the computation of
landowners' royalty; provided further that upon recordation of the
statement by the supervisor, the owners of such oil and gas mineral
rights in such land shall also receive a pro rata share of any other
benefits thereafter accruing to the owners of the oil and gas mineral
rights under the terms of the oil and gas lease on such other lands;
and provided further, that without the consent of said owners of
said land the lessee or operator of said oil and gas leasehold shall
have no right to use the surface of said land nor to use the
subsurface thereof down to a depth of 200 feet below the surface
thereof.
Where said land aggregating less than one acre is surrounded by
lands which are not subject to a single oil and gas lease but is
surrounded by lands which are subject to two or more separate oil and
gas leases, one or more of which oil or gas leases aggregates one
acre or more, then in such event the said land aggregating less than
one acre shall, as herein provided, be included within and be joined
to that oil and gas lease aggregating one acre or more as to which
said parcel of land aggregating less than one acre has the longest
common boundary. If there is no longest common boundary, the request
shall designate the lease, aggregating one acre or more, into which
the parcel aggregating less than one acre shall be included by the
declaration of the supervisor; otherwise the supervisor shall make
such designation.
In determining the contiguity of any parcels of land for the
purposes hereof, no road, street or alley shall be deemed to
interrupt such contiguity.
3608.1. The owner or operator of any leasehold, into which land has
been included under the provisions of Section 3608, shall cause to
be recorded an appropriate quitclaim to such land in the proper
county recorder's office when such leasehold has been terminated.
3609. Notwithstanding any other provisions of this chapter, if the
supervisor determines, pursuant to rules and regulations and after a
public hearing, that the development of a pool discovered after the
effective date of this section for the production of oil and gas, or
either, requires the adoption of a well-spacing pattern other than
that specified in Sections 3600 to 3608.1, inclusive, in order to
prevent waste and to increase the ultimate economic recovery of oil
or gas, he may adopt a well-spacing plan to apply to the surface and
subsurface of a designated pool. Such plan shall be applicable to all
wells thereafter drilled or redrilled into such pool. Such plan may
include a requirement that, as a prerequisite to approval to drill or
redrill a well, all or certain specified parcels of land shall be
included in a pooling or unit agreement. The supervisor may provide
in the rules and regulations for mandatory pooling agreements in
connection with the well-spacing order.
