State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-391

§ 113‑391. Jurisdiction and authority; rules and orders.

(a)        The Department shall have jurisdiction and authority of andover all persons and property necessary to administer and enforce effectivelythe provisions of this law and all other laws relating to the conservation ofoil and gas.

(b)        The Department shall have the authority and it shall be itsduty to make such inquiries as it may think proper to determine whether or notwaste over which it has jurisdiction exists or is imminent.  In the exercise ofsuch power the Department shall have the authority to collect data; to makeinvestigations and inspections; to examine properties, leases, papers, booksand records; to examine, check, test and gauge oil and gas wells, tanks,refineries, and means of transportation; to hold hearings; and to provide forthe keeping of records and the making of reports; and to take such action asmay be reasonably necessary to enforce this law.

(c)        The Department may make rules and orders as may be necessaryfrom time to time in the proper administration and enforcement of this law,including rules or orders for the following purposes:

(1)        To require the drilling, operation, casing and plugging ofwells to be done in such manner as to prevent the escape of oil or gas out of onestratum to another; to prevent the intrusion of water into an oil or gasstratum from a separate stratum; to prevent the pollution of freshwatersupplies by oil, gas or salt water, or to protect the quality of the water,air, soil or any other environmental resource against injury or damage orimpairment; and to require reasonable bond condition for the performance of theduty to plug each dry or abandoned well.

(2)        To require directional surveys upon application of any ownerwho has reason to believe that a well or wells of others has or have beendrilled into the lands owned by him or held by him under lease.  In the eventsuch surveys are required, the costs thereof shall be borne by the ownersmaking the request.

(3)        To require the making of reports showing the location of oiland gas wells, and the filing of logs and drilling records.

(4)        To prevent the drowning by water of any stratum or partthereof capable of producing oil or gas in paying quantities, and to preventthe premature and irregular encroachment of water which reduces, or tends toreduce, the total ultimate recovery of oil or gas from any pool.

(5)        To require the operation of wells with efficient gas‑oilratios, and to fix such ratios.

(6)        To prevent "blow‑outs," "caving"and "seepage" in the sense that conditions indicated by such termsare generally understood in the oil and gas business.

(7)        To prevent fires.

(8)        To identify the ownership of all oil or gas wells, producingleases, refineries, tanks, plants, structures and all storage andtransportation equipment and facilities.

(9)        To regulate the "shooting," perforating, andchemical treatment of wells.

(10)      To regulate secondary recovery methods, including theintroduction of gas, air, water or other substances into producing formations.

(11)      To limit and prorate the production of oil or gas, or both,from any pool or field for the prevention of waste as herein defined.

(12)      To require, either generally or in or from particular areas,certificates of clearance or tenders in connection with the transportation ofoil or gas.

(13)      To regulate the spacing of wells and to establish drillingunits.

(14)      To prevent, so far as is practicable, reasonably avoidabledrainage from each developed unit which is not equalized by counter‑drainage.

(15)      To prevent where necessary the use of gas for the manufactureof carbon black.

(16)      To regulate and, if necessary in its judgment for theprotection of unique environmental values, to prohibit the location of wells inthe interest of protecting the quality of the water, air, soil or any otherenvironmental resource against injury, or damage or impairment. (1945, c. 702, s. 11; 1971, c. 813, ss. 5, 6; 1973, c.1262, s. 86; 1987, c. 827, s. 111; 1989, c. 727, s. 120.)

State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-391

§ 113‑391. Jurisdiction and authority; rules and orders.

(a)        The Department shall have jurisdiction and authority of andover all persons and property necessary to administer and enforce effectivelythe provisions of this law and all other laws relating to the conservation ofoil and gas.

(b)        The Department shall have the authority and it shall be itsduty to make such inquiries as it may think proper to determine whether or notwaste over which it has jurisdiction exists or is imminent.  In the exercise ofsuch power the Department shall have the authority to collect data; to makeinvestigations and inspections; to examine properties, leases, papers, booksand records; to examine, check, test and gauge oil and gas wells, tanks,refineries, and means of transportation; to hold hearings; and to provide forthe keeping of records and the making of reports; and to take such action asmay be reasonably necessary to enforce this law.

(c)        The Department may make rules and orders as may be necessaryfrom time to time in the proper administration and enforcement of this law,including rules or orders for the following purposes:

(1)        To require the drilling, operation, casing and plugging ofwells to be done in such manner as to prevent the escape of oil or gas out of onestratum to another; to prevent the intrusion of water into an oil or gasstratum from a separate stratum; to prevent the pollution of freshwatersupplies by oil, gas or salt water, or to protect the quality of the water,air, soil or any other environmental resource against injury or damage orimpairment; and to require reasonable bond condition for the performance of theduty to plug each dry or abandoned well.

(2)        To require directional surveys upon application of any ownerwho has reason to believe that a well or wells of others has or have beendrilled into the lands owned by him or held by him under lease.  In the eventsuch surveys are required, the costs thereof shall be borne by the ownersmaking the request.

(3)        To require the making of reports showing the location of oiland gas wells, and the filing of logs and drilling records.

(4)        To prevent the drowning by water of any stratum or partthereof capable of producing oil or gas in paying quantities, and to preventthe premature and irregular encroachment of water which reduces, or tends toreduce, the total ultimate recovery of oil or gas from any pool.

(5)        To require the operation of wells with efficient gas‑oilratios, and to fix such ratios.

(6)        To prevent "blow‑outs," "caving"and "seepage" in the sense that conditions indicated by such termsare generally understood in the oil and gas business.

(7)        To prevent fires.

(8)        To identify the ownership of all oil or gas wells, producingleases, refineries, tanks, plants, structures and all storage andtransportation equipment and facilities.

(9)        To regulate the "shooting," perforating, andchemical treatment of wells.

(10)      To regulate secondary recovery methods, including theintroduction of gas, air, water or other substances into producing formations.

(11)      To limit and prorate the production of oil or gas, or both,from any pool or field for the prevention of waste as herein defined.

(12)      To require, either generally or in or from particular areas,certificates of clearance or tenders in connection with the transportation ofoil or gas.

(13)      To regulate the spacing of wells and to establish drillingunits.

(14)      To prevent, so far as is practicable, reasonably avoidabledrainage from each developed unit which is not equalized by counter‑drainage.

(15)      To prevent where necessary the use of gas for the manufactureof carbon black.

(16)      To regulate and, if necessary in its judgment for theprotection of unique environmental values, to prohibit the location of wells inthe interest of protecting the quality of the water, air, soil or any otherenvironmental resource against injury, or damage or impairment. (1945, c. 702, s. 11; 1971, c. 813, ss. 5, 6; 1973, c.1262, s. 86; 1987, c. 827, s. 111; 1989, c. 727, s. 120.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_113 > GS_113-391

§ 113‑391. Jurisdiction and authority; rules and orders.

(a)        The Department shall have jurisdiction and authority of andover all persons and property necessary to administer and enforce effectivelythe provisions of this law and all other laws relating to the conservation ofoil and gas.

(b)        The Department shall have the authority and it shall be itsduty to make such inquiries as it may think proper to determine whether or notwaste over which it has jurisdiction exists or is imminent.  In the exercise ofsuch power the Department shall have the authority to collect data; to makeinvestigations and inspections; to examine properties, leases, papers, booksand records; to examine, check, test and gauge oil and gas wells, tanks,refineries, and means of transportation; to hold hearings; and to provide forthe keeping of records and the making of reports; and to take such action asmay be reasonably necessary to enforce this law.

(c)        The Department may make rules and orders as may be necessaryfrom time to time in the proper administration and enforcement of this law,including rules or orders for the following purposes:

(1)        To require the drilling, operation, casing and plugging ofwells to be done in such manner as to prevent the escape of oil or gas out of onestratum to another; to prevent the intrusion of water into an oil or gasstratum from a separate stratum; to prevent the pollution of freshwatersupplies by oil, gas or salt water, or to protect the quality of the water,air, soil or any other environmental resource against injury or damage orimpairment; and to require reasonable bond condition for the performance of theduty to plug each dry or abandoned well.

(2)        To require directional surveys upon application of any ownerwho has reason to believe that a well or wells of others has or have beendrilled into the lands owned by him or held by him under lease.  In the eventsuch surveys are required, the costs thereof shall be borne by the ownersmaking the request.

(3)        To require the making of reports showing the location of oiland gas wells, and the filing of logs and drilling records.

(4)        To prevent the drowning by water of any stratum or partthereof capable of producing oil or gas in paying quantities, and to preventthe premature and irregular encroachment of water which reduces, or tends toreduce, the total ultimate recovery of oil or gas from any pool.

(5)        To require the operation of wells with efficient gas‑oilratios, and to fix such ratios.

(6)        To prevent "blow‑outs," "caving"and "seepage" in the sense that conditions indicated by such termsare generally understood in the oil and gas business.

(7)        To prevent fires.

(8)        To identify the ownership of all oil or gas wells, producingleases, refineries, tanks, plants, structures and all storage andtransportation equipment and facilities.

(9)        To regulate the "shooting," perforating, andchemical treatment of wells.

(10)      To regulate secondary recovery methods, including theintroduction of gas, air, water or other substances into producing formations.

(11)      To limit and prorate the production of oil or gas, or both,from any pool or field for the prevention of waste as herein defined.

(12)      To require, either generally or in or from particular areas,certificates of clearance or tenders in connection with the transportation ofoil or gas.

(13)      To regulate the spacing of wells and to establish drillingunits.

(14)      To prevent, so far as is practicable, reasonably avoidabledrainage from each developed unit which is not equalized by counter‑drainage.

(15)      To prevent where necessary the use of gas for the manufactureof carbon black.

(16)      To regulate and, if necessary in its judgment for theprotection of unique environmental values, to prohibit the location of wells inthe interest of protecting the quality of the water, air, soil or any otherenvironmental resource against injury, or damage or impairment. (1945, c. 702, s. 11; 1971, c. 813, ss. 5, 6; 1973, c.1262, s. 86; 1987, c. 827, s. 111; 1989, c. 727, s. 120.)