ENTITLED, An Act to require public hearings for applications for oil and gas orders only if
contested and to reduce the number of hearing notice publications required for oil and gas cases.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 45-9-31 be amended to read as follows:
45-9-31. In the absence of voluntary pooling, the Board of Minerals and Environment or the
secretary, as applicable, upon the application of any interested person, shall enter an order pooling
all interests in the spacing unit for the development and operation of the spacing unit, and for the
sharing of production from the spacing unit. Each such pooling order shall be made after notice and
opportunity for hearing, and shall be upon terms and conditions that are just and reasonable, and that
afford to the owner of each tract or interest in the spacing unit the opportunity to recover or receive
without unnecessary expense, his or her just and equitable share.
Section 2. That § 45-9-37 be amended to read as follows:
45-9-37. The Board of Minerals and Environment upon its own motion or upon the application
of any interested person shall provide an opportunity for a hearing to consider the need for the
operation as a unit of one or more pools or parts thereof in a field.
Section 3. That § 45-9-41 be amended to read as follows:
45-9-41. If the plan for unit operations has not been approved as required by § 45-9-40 at the
time the order providing for unit operations is made, the Board of Minerals and Environment shall
upon application and notice provide opportunity for supplemental hearings to determine if and when
the plan for unit operations has been approved.
Section 4. That § 45-9-57 be repealed.
Section 5. That § 45-9-58 be amended to read as follows:
45-9-58. The notice of a hearing on any application made pursuant to this chapter shall be served
either by certified mail or by publication in a newspaper of general circulation in the county where
the affected land, or some part thereof, is situated. The applicant shall give notice of any hearing that
may affect property interests by mailing the notice by certified mail, return receipt requested, to any
person whose property may be affected by the hearing. As proof of service, the applicant shall file
with the board an affidavit declaring that the notice was mailed and the certified mail return receipt.
Any person who cannot be served notice by certified mail may be served notice of the hearing by
Section 6. That § 45-9-63 be repealed.
Section 7. That chapter 45-9 be amended by adding thereto a NEW SECTION to read as follows:
The Board of Minerals and Environment shall provide an opportunity for public hearing, through
public notice, on any application made for an order under this chapter. The notice shall comply with
the provisions of chapter 1-26 and indicate, unless a person files a petition requesting a hearing by
the deadline established in the notice, no hearing need be held. If held, the hearing shall be conducted
in accordance with chapter 1-26. Any person who files a petition requesting a contested case hearing
by the deadline established by the board shall be entitled to be heard during the hearing. The board
shall enter its order within thirty days after the hearing. If no hearing is held, the applicant shall
submit a proposed order to the secretary for review and approval.
An Act to require public hearings for applications for oil and gas orders only if contested and to
reduce the number of hearing notice publications required for oil and gas cases.
I certify that the attached Act
originated in the
HOUSE as Bill No. 1012
Speaker of the House
President of the Senate
Secretary of the Senate
House Bill No. 1012
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State