74:12:02:01. Requirements to drill, deepen, or reenter for oil or gas. A person drilling for oil and gas must obtain a permit to drill, deepen, or reenter a well before initiating drilling activities. The secretary may issue a permit to drill upon receipt of the following:
(1) Organization report, including the name and address of the registered agent and parent companies;
(2) Application for permit to drill on a form provided by the secretary;
(3) A plat map certified by a surveyor registered in South Dakota and depicting proposed access roads;
(4) The permit fee required by SDCL 45-9-4;
(5) A plugging and performance bond consisting of a financial instrument approved by the department;
(6) A surface restoration bond consisting of a financial instrument approved by the department, if the surface owner or lessee or a successor is not a party to the oil and gas leasing agreement;
(7) Certification of negotiation with surface owner or lessee;
(8) A bonding company information sheet;
(9) Plans and specifications showing the construction details for any proposed site, including the size and location of all pits on the site, as well as a cross-section of the pit, showing the soil types;
(10) A completed certification of applicant form required by SDCL 1-40-27;
(11) A completed permission to inspect form required by § 74:12:08:03;
(12) The source of the applicant's legal right to enter and initiate drilling on the affected land.
Source: 38 SDR 117, effective January 12, 2012.
General Authority: SDCL 45-9-11, 45-9-13.
Law Implemented: SDCL 1-40-27, 45-9-4, 45-9-15, 45-9-73.