| (a) Purpose and Scope. This section sets out some of the general
responsibilities which lessees on properties leased under this chapter owe
the state. Operations on state lands are subject to all applicable state and
federal laws and regulations. The provisions of this chapter do not alter,
amend, or replace such state and federal laws and regulations, and compliance
with the requirements of this chapter does not relieve the operator of the
duty to comply with such laws and regulations. The requirements of this chapter
are in addition to the requirements of any other applicable state or federal
law or regulation.
(b) Minimum Standards of Lessee Conduct.
(1) As expressly required in state leases, lessee shall use
the highest degree of care in conducting operations on state leases and shall
take all proper safeguards to prevent pollution. To satisfy these requirements,
lessee must conduct operations as a reasonably prudent operator using standard
industry practices and procedures, must satisfy all other express lease provisions,
must satisfy implied lease obligations, and must comply with all valid, applicable
federal and state laws, regulations and rules.
(2) Operations or activities requiring such care and safeguards
shall include, but are not limited to, the following:
(A) Drilling, reworking, testing, producing, and maintaining
a well;
(B) Designing, constructing, treating, testing, maintaining
and repairing pipelines;
(C) Producing, storing, transporting or otherwise handling
hydrocarbons;
(D) Containing and recapturing discharged hydrocarbons, pollutants,
or other hazardous substances and restoring public and private property damaged
by such discharges;
(E) Transporting and disposing of solid waste, pollutants or
hazardous substances, including all materials associated with drilling and
producing hydrocarbons;
(F) Plugging abandoned well sites, removing structures and
equipment and restoring the surface after operations have ceased. See also
§9.91(c)(5) of this title, (relating to General Provisions);
(G) Installing, testing and maintaining signal lights at or
near wells and structures that are located on submerged state tracts;
(H) Conducting any activities that could be destructive to
marine life or its habitat on submerged state tracts;
(I) Conducting activities on upland tracts so as to prevent
damage to livestock, crops and the surface, including adequately fencing or
enclosing equipment and pits.
(J) Installing all necessary equipment, seals, locks or other
protective devices to prevent theft of hydrocarbons and personal injury; and
(3) No provision in a state lease or in these rules
shall relieve a lessee of the obligation to act as a reasonably prudent operator
would under the circumstances. This obligation includes, but is not limited
to, the drilling of such additional well or wells as may be reasonably necessary
for the proper development of a state lease after a lease well capable of
producing in paying quantities has been completed.
(4) No discharge of garbage or solid waste in violation
of MARPOL Protocol, Title 33, Chapter 33 of the United States Code or Title
33, Part 151 of the Code of Federal Regulations shall be allowed into state
waters from any drilling or support vessel, production platform, crew or supply
boat, barge, jack-up rig, or other equipment located on state submerged tracts.
(c) Required Activities/Lessee Responsibilities:
(1) Posting Signs and Identifying State Wells.
(A) Any well drilled on property leased under §9.21(1)(2)(3)(a)
and (4) of this title, (relating to Leasing Guide) shall be identified as
a state well in RRC records by using "State" as the first word in its designated
RRC name.
(B) All well locations and other structures, including drilling
barges and platforms on submerged lands, shall be legibly marked and maintained
to identify the state tract number, RRC well name, well number and the name
of the company operating the lease.
(C) In a prominent location on each vessel and manned platform
on a submerged state tract, lessee must display and maintain a sign as required
in an express state lease provision.
(2) Allowing access to leased state tracts. The commissioner
of the GLO, the attorney general, and the governor or their representatives
shall at all times have access to property leased under this chapter to make
inspections for any reason deemed necessary to protect the state's property
or minerals, including, but not limited to, any exploration, drilling, producing,
gathering, and processing activities or any other operations on the state
tract. This provision does not impair or limit the authority of any other
state or federal agency to perform inspections of property leased under this
chapter.
(3) Providing materials, records, reports and other information
or items relating to lease operations.
(A) General Reporting Requirements. Unless otherwise indicated,
lessee shall mail all materials, records, reports and other information or
items required to be submitted to the GLO under this section to the following
address: Texas General Land Office; Attention: Minerals Leasing; 1700 North
Congress, Room 640; Austin, Texas, 78701-1495. Materials, records, reports
and other information or items may also be simultaneously faxed to (512)475-1543
(Attention: Minerals Leasing) to insure that the GLO receives them by the
due date as long as they are legible to the GLO staff. All materials, records,
reports and other information or items submitted to the GLO must include the
state mineral file number assigned to the affected state lease, a plat or
description which shows the location of the affected state well or wells,
and all appropriate attachments. Incomplete filings will not be recognized
as received by the GLO.
(B) Timely Filing of Information or Items.
(i) Due Dates. This section sets out the due dates when certain
information or items relating to lease operations and activities must be received
by the GLO. Whenever GLO staff requests additional information or items, it
must receive such information or items within the due date set in the request
or if the request does not establish a due date, within 60 days of the date
of the request. GLO staff may grant a written extension of a due date.
(ii) Evidence of Date of Receipt. Under the standard business
practices and/or procedures of the GLO, the date that the GLO stamps, punches,
or otherwise marks on the delay rental payment, check, draft, stub, or envelope
establishes the date of actual receipt by the GLO.
(iii) Penalties for untimely filing. If the GLO does not receive
appropriate materials, records, reports or other information or items by the
due date set in this section or the due date set in a written extension, lessee
shall be subjected to a penalty of $25 per day for every day that each material,
record, report or other information or item is not filed at the GLO. Assessing
this penalty does not prevent the state from pursuing any of its other remedies,
including lease forfeiture.
(C) Routine Reports and Data Relating to Lease Operations and
Activities. The following materials, records, reports, or other information
or items shall be submitted to the GLO by the due dates as set forth:
(i) Information relating to drilling.
(I) RRC W-1 and RRC W-1A (if applicable) with plat and any
other supporting documentation: due at least 5 days before spudding a well;
(II) RRC P-12 (if applicable) with plat and any other supporting
documentation: due at least 5 days before spudding a well; and
(III) any applicable Corps of Engineers permits: due at least
5 days before spudding a well.
(ii) Information relating to well completion, recompletion
or testing.
(I) RRC W-2 (if oil well) with any other supporting documentation:
due on the date it is submitted to or due at the RRC (whichever is earlier);
or
(II) RRC G-1 (if gas well) and RRC G-5 and Back Pressure Curve
(if applicable) with any other supporting documentation: due on the date it
is submitted to or due at the RRC (whichever is earlier); and
(III) RRC W-12 with any other supporting documentation, an
as-drilled plat and a directional survey (if applicable): due on the date
it is submitted to or due at the RRC (whichever is earlier);
(IV) Potential Offset Well. If lessee completes a well within
1,000 feet of another state tract or tracts, on the date the RRC W-2 or RRC
G-1 is submitted to or due at the RRC (whichever is earlier), lessee shall
mail to the lessee or lessees of the adjacent state tract or tracts the following:
a RRC W-2 or a RRC G-l (with any other supporting documentation), a RRC W-12
(with any other supporting documentation and a directional survey, if applicable),
and a letter stating that the newly completed well may be a potential offset.
A copy of this letter must be mailed to the GLO at the same time.
Cont'd... |
