West Virginia Code § 22-6-31

Preventing waste of gas; plan of operation required for wasting gas in
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process of producing oil; rejection thereof.
Natural gas shall not be permitted to waste or escape from any well or pipeline, when it is
reasonably possible to prevent such waste, after the owner or operator of such gas, or well,
or pipeline, has had a reasonable length of time to shut in such gas in the well, or make the
necessary repairs to such well or pipeline to prevent such waste: Provided, eThat (a) if, in the
process of drilling a well for oil or gas, or both, gas is found in such well, and the owner or
operator thereof desires to continue to search for oil or gas, or both, byr drilling deeper in
search of lower oil or gas-bearing strata, or (b) if it becomes necessary to make repairs to
any well producing gas, commonly known as "cleaning out," and if in either event it is
necessary for the gas in such well to escape therefrom during the process of drilling or
making repairs, as the case may be, then the owner or operattor of such well shall prosecute
such drilling or repairs with reasonable diligence, so that the waste of gas from the well
shall not continue longer than reasonably necessary, and if, during the progress of such
deeper drilling or repairs, any temporary suspension thereof becomes necessary, the owner
or operator of such well shall use all reasonable means to shut in the gas and prevent its
waste during such temporary suspension: Provided, however, That in all cases where both
oil and gas are found and produced from the same oil and gas-bearing stratum, and where it
is necessary for the gas therefrom to waste in the process of producing the oil, the owner or
operator shall use all reasonable diligence to conserve and save from waste so much of such
gas as it is reasonably possible to save, but in no case shall such gas from any well be wasted
in the process of producing oile therefrom until the owner or operator of such well shall have
filed with the director a plan of operation for said well showing, among other things, the gas-
oil production ratio invoLlved in such operation, which plan shall govern the operation of said
well unless the director shall, within ten days from the date on which such plan is submitted
to the director, make a finding that such plan fails, under all the facts and circumstances, to
propose the eVxercise of all reasonable diligence to conserve and save from waste so much of
such gas as it is reasonably possible to save, in which event production of oil at such well by
the wasting of gas shall cease and desist until a plan of operation is approved by the
director. Successive plans of operation may be filed by the owner or operator of any such
well with the director.

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