45-9-35. Rights of owners operating well or paying costs for benefit of another under pooling order--Share of production--Determination of costs by board.

If any of the owners drills, equips, and operates, or pays the costs of drilling, equipping, and operating a well for the benefit of another person as provided for in an order of pooling, then the owner is entitled to the share of production from the spacing unit accruing to the interest of the other person, exclusive of a royalty not to exceed one-eighth of the production, until the market value of the other person's share of the production exclusive of the royalty, equals the sums payable by or charged to the interest of the other person. If there is a dispute as to the costs of drilling, equipping, or operating a well, the Board of Minerals and Environment shall determine the costs.

Source: SL 1953, ch 220, § 1; SDC Supp 1960, § 42.0706 (3) (o) (5); SDC Supp 1960, § 42.0709 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 242.