North Dakota Code § 38-08-09.3

Matters to be found by commission - Requisites of petition
Open in Lexace · Ask the AI about this section
If upon the filing of a petition therefor and after notice and hearing, all in the form and 
manner and in accordance with the procedure and requirements hereinafter provided, the 
commission shall find:
1. That the unitized management, operation, and further development of a common 
source of supply of oil and gas or portion thereof is reasonably necessary in order to 
effectively carry on pressure -maintenance or repressuring operations, cycling 
operations, water flooding operations, or any combination thereof, or any other form of 
joint effort calculated to substantially increase the ultimate recovery of oil and gas from 
the common source of supply;
2. That one or more of said unitized methods of operation as applied to such common 
source of supply or portion thereof are feasible, will prevent waste, and will with 
reasonable probability result in the increased recovery of substantially more oil and 
gas from the common source of supply than would otherwise be recovered;

3. That the estimated additional cost, if any, of conducting such operations will not 
exceed the value of the additional oil and gas so recovered; and
4. That such unitization and adoption of one or more of such unitized methods of 
operation is for the common good and will result in the general advantage of the 
owners of the oil and gas rights within the common source of supply or portion thereof 
directly affected,
it shall make a finding to that effect and make an order creating the unit and providing for the 
unitization and unitized operation of the common source of supply or portion thereof described 
in the order, all upon such terms and conditions, as may be shown by the evidence to be fair, 
reasonable, equitable, and which are necessary or proper to protect, safeguard, and adjust the 
respective rights and obligations of the several persons affected, including royalty owners, 
owners of overriding royalties, oil and gas payments, carried interests, mortgagees, lien 
claimants, and others, as well as the lessees. The petition must set forth a description of the 
proposed unit area with a map or plat thereof attached, must allege the existence of the facts 
required to be found by the commission as hereinabove provided and must have attached 
thereto a proposed plan of unitization applicable to such proposed unit area and which the 
petitioner or petitioners consider to be fair, reasonable, and equitable.

‹ Prev All North Dakota sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.