Browse Arkansas Code titles and sections
15-76-310. Order requiring unit operation — In general.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-76-310. Order requiring unit operation — In general.
(a) The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§ 15-76-311 and 15-76-313 — 15-76-315 shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed and operated as a unit.
(b) All orders requiring integration shall be made after notice and hearing and shall be upon just and reasonable terms and conditions and will afford the owner of each tract or interest in the unit the opportunity to recover or receive his or her just and equitable share of brine in the unit.
(c) A copy of the order shall be sent or otherwise made available to each owner in the unit.
(d) The order shall be effective from the date set by the commission as to and binding upon each person then or thereafter owning an interest in the unit, or in brine produced therefrom or the proceeds thereof.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-76-310
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
Issuing source page ↗
Authority boundary: historical statutory source snapshot not current law.
Open the recorded source website ↗
Record provenance
Stable record: arkansas_code:legal_authorities:15-76-310
Source file: gov.ar.code.title.15.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 2758dedfe248f97bdfb12c921577949feb416b9e37202bf0f80e37622aa239dd
Source location: content.xml paragraph 26825
Stored source content
15-76-310. Order requiring unit operation — In general.
(a) The Oil and Gas Commission, upon the application of any producer and upon the circumstances set forth in this section and §§ 15-76-311 and 15-76-313 — 15-76-315 shall enter its order integrating all tracts and interests in the unit, and all lands therein shall be developed and operated as a unit.
(b) All orders requiring integration shall be made after notice and hearing and shall be upon just and reasonable terms and conditions and will afford the owner of each tract or interest in the unit the opportunity to recover or receive his or her just and equitable share of brine in the unit.
(c) A copy of the order shall be sent or otherwise made available to each owner in the unit.
(d) The order shall be effective from the date set by the commission as to and binding upon each person then or thereafter owning an interest in the unit, or in brine produced therefrom or the proceeds thereof.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-76-311. Contents of order.
The order requiring the operation of an area as a brine production unit or a brine expansion unit shall include:
(1) A description of the area included within such a brine production unit or a brine expansion unit;
(2) The surface area of each tract in the proposed unit;
(3) A provision for any credits and charges to be made in the adjustment among the owners in the unit for their allocated costs of the total investment in each well within the unit, pipelines, pumps, machinery, materials, and equipment required by the brine operation;
(4) A statement of the tangible and intangible expenses of the development and operation of the unit, including capital investments required in the development and operation of the brine production unit or the brine expansion unit, exclusive of the plant of the producer, to be charged to each owner in the unit in the same proportion as the owner's net material interest in brine production from the brine production unit or the brine expansion unit;
(5) The time and manner in which all owners in the unit who may desire to pay their share of the costs outlined in subdivision (4) of this section and participate in the operations of the unit may elect to do so;
(6)(A) The time at which the unit operation shall commence and the approval by the Oil and Gas Commission of the plan of development and operation of the unit, including, but not limited to, the number and proposed location of each well to be drilled within such unit for production and injection or disposal purposes and the approximate date upon which the proposed plan of development is to be commenced and completed.
(B) However, the commission shall have no authority to allow wells or other installations on the surface of lands without the co
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-76-311
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-76-311. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-76-313. Operator.
(a) The producer who either has incurred or shall incur the greater share or portion of the capital investment required under the plan of development and operation of the unit shall be designated by the Oil and Gas Commission as operator unless the producer refuses to serve as operator or agrees to the designation of another person to act in that capacity.
(b) The operator so designated shall receive payments of amounts due and owing from owners and shall cause disbursements of amounts due and owing with respect to unleased interests in the unit, including the annual royalty provided for in § 15-76-314.
(c) Neither the order requiring operation of an area as a unit nor any other provision of this subchapter shall be construed as granting an operator any rights with respect to the surface of any tracts in a unit, nor does the subchapter deprive any landowner of any surface rights.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-76-313
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-76-313. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
15-76-315. Valuation of brine.
(a)(1)(A) The value of brine during any given year with respect to any unit established hereunder and for all purposes hereof shall be deemed to be the average price at which the operator of the unit has purchased or sold brine in Arkansas adjusted to reflect concentrations of ions, temperature, other relevant physical and chemical specifications, and delivery point.
(B) However, for purposes of this subchapter, the value shall not apply to any unit created hereunder until there shall have been actual bona fide sales or purchases of brine by the operator in sufficient volumes and under such circumstances as would establish a bona fide market value for brine from that unit.
(2) In any action by any owner against the operator of the unit for an appropriate accounting for royalty, the burden of proof that the value as determined hereunder constitutes a fair and reasonable market value of brine produced from the unit shall be upon the operator of the unit.
(3) However, no valuation of brine or any other alternate method of computing royalty or in lieu of royalty shall ever result in compensation which is less than thirty-two dollars ($32.00) per acre per year, as increased or decreased annually based on changes in the Producer Price Index for processed goods for intermediate demand published by the United States Bureau of Labor Statistics, or its successor.
(4)(A) The adjustment will be made effective as of June 1 of each year and will remain effective for payments made from June 1 of that year until May 31 of the following year.
(B) The adjustment made each year will be based on the change in the index from December of the previous year relative to the base index of March, 1995.
(C) The formula to make the adjustment is as follo
Source: Arkansas Code — historical release 78 (November 6, 2020) · 15-76-315
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 15-76-315. This identifies an authority to review, not proof of applicability.