Code of Alabama

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9-17-12
Section 9-17-12 Limitations on regulations; drilling or production units; producers' shares.
(a) Whether or not the total production from a pool is limited or prorated, no rule, regulation,
or order of the board shall be such in terms or effect that it will do the following: (1)
That it shall be necessary at any time for the producer from or the owner of, a tract of land
in the pool, or an interest associated therewith or derived therefrom, in order that he or
she may obtain the tract's just and equitable share or the just and equitable share of the
interest of the production of such pool, as the share is set forth in this section, to drill
and operate any well or wells on such tract in addition to the well or wells as can without
waste produce the share. (2) As to occasion net drainage from a tract or any interest associated
therewith or derived therefrom, unless there is drilled and operated upon the tract a well
or wells in addition to such well or wells thereon as can without waste...
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9-17-1
Section 9-17-1 Definitions. Unless the context otherwise requires, the following terms shall
have the following meanings: (1) BOARD. The State Oil and Gas Board created by this article.
(2) DEVELOPED AREA or DEVELOPED UNIT. A drainage unit having a well completed thereon which
is capable of producing oil or gas in paying quantities; however, in the event it is shown
and the board finds that a part of any unit is nonproductive, then the developed part of the
unit shall include only that part found to be productive. (3) DRAINAGE OR PRODUCTION UNIT.
The area in a pool which may be drained efficiently and economically by one well. (4) DRILLING
UNIT. An administrative unit established by the board to provide and allow for the drilling
of a well. Prior to establishment of a field and drainage or production unit within the field,
the board may establish a drilling unit to allow for the drilling of a well in search of oil
and gas. (5) FIELD. The general area which is underlain or appears to be...
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9-17-152
Section 9-17-152 Board approval; recordation of order; certificate of effectiveness; dissolution
of fields and units; determination of commercial reserves; creation of cavities. (a) The use
of an underground reservoir as a storage facility for gas is hereby authorized, provided that
the board shall first enter an order, after notice and hearing pursuant to the provisions
of Sections 9-17-3 to 9-17-8, inclusive, approving such proposed underground storage of gas
and designating the horizontal and vertical boundaries of the storage facility, such boundaries
to include within them any necessary or reasonable buffer zone for the purpose of insuring
the safe operation of the storage facility and to protect the storage facility against pollution,
invasion, and escape or migration of gas therefrom, upon finding as follows: (1) That the
storage facility is suitable and feasible for the injection, storage and withdrawal of gas
and has a greater value or utility for the storage of gas than for...
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9-17-6
in subdivisions (1), (2), (3), and (4) of this subsection, including the duty to plug each
dry or abandoned well and to restore the well site for each dry or abandoned well and associated
production and processing facility and plant upon the abandonment of such well, facility,
or plant and to reclaim all surfaces disturbed during surface mining operations for the recovery
of oil from oil sands. (6) To prevent wells from being drilled, operated, or produced in such
a manner as to cause injury to neighboring leases or property and to protect neighboring
leases or property from being damaged or injured by operations to recover oil from oil sands.
(7) To prevent the drowning by water of any stratum or part thereof capable of producing oil
or gas in paying quantities and to prevent the premature and irregular encroachment of water
which reduces or tends to reduce the total ultimate recovery of oil or gas from any pool.
(8) To require the operation of wells with efficient gas-oil...
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40-20-1
Section 40-20-1 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) DEPARTMENT. The state Department of
Revenue. (2) ANNUAL. The calendar year or the taxpayer's fiscal year, when permission is obtained
from the department to use a fiscal year as a tax period in lieu of a calendar year. (3) VALUE.
The sale price or market value at the mouth of the well. If the oil or gas is exchanged for
something other than cash, if there is no sale at the time of severance or if the relation
between the buyer and the seller is such that the consideration paid, if any, is not indicative
of the true value or market price, then the department shall determine the value of the oil
or gas subject to the tax hereinafter provided for, considering the sale price for cash of
oil or gas of like quality. (4) OIL. Crude petroleum oil and other hydrocarbons regardless
of gravity which are produced at the well in liquid form by ordinary...
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9-17-14
Section 9-17-14 Limitations upon rules, regulations or orders establishing limits on production
allowable within state or from separate pools; production of more than established allowable
production or production in unauthorized manner. (a) Whenever the board limits the total amount
of oil or gas which may be produced in this state, the limit so fixed shall not be less than
the aggregate of the allowables fixed for each separate pool in this state for the prevention
of waste in accordance with the foregoing definition of waste, plus the production from unrestricted
pools, and it shall allocate or distribute the allowable so fixed among the separate pools.
Such allocation or distribution among the pools of the state shall be made on a reasonable
basis, giving to each pool with small wells of settled production an allowable production
which will not accelerate or encourage a general premature abandonment of the wells in the
pool. (b) Whenever the board limits the total amount of oil or...
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9-17-13
the circumstances allocation of production on this basis shall be considered as a just and
reasonable allocation which will afford to each person owning each tract or interest within
the unit the opportunity to recover or receive his or her just and equitable share of the
oil and gas produced from the unit. Nothing herein or in any order issued pursuant hereto
shall be construed to subject any nonconsenting owner who is subject to a risk compensation
fee, as hereinabove provided, to any personal liability for any damages caused by or
resulting from any negligent act or other tort committed by the operator or by any consenting
owner in the course of developing and operating a pooled or integrated unit; nor shall anything
herein or in any order issued pursuant hereto prevent the operator and any other owner or
owners in the unit from entering into any agreement that contains provisions respecting the
pooling, integration, or development of their tracts or interests in the pooled or...
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9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used in
this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial
record attached to a check, included with a check, or mailed separately at or near the time
the check is mailed. (2) DIVISION ORDER. A contract between the interest owner and the purchaser,
operator, or the owner of the right to drill and to produce, directing the distribution of
the value from the sale of the oil, gas, and other liquid hydrocarbons in the proportions
set out in the division order, which division order is prepared by the purchaser, operator,
and/or the owner of the right to drill and to produce on the basis of the ownership shown
in a title opinion prepared after examination of abstracts or based on other generally acceptable
legal ownership documentation and which is executed by the interest owners or others having
an interest in the production. (3) INTEREST OWNER. A person owning...
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40-20-2
the ownership, operation, or maintenance of plants, facilities, machinery, pipelines, gathering
lines, or any equipment whatsoever, which are, or may be, necessary or convenient to the production,
treating, processing, ownership, storage, sale, purchase, marketing, or transportation of
such oil or gas; provided, that nothing herein shall be construed to prohibit, limit or restrict
a county, city, town, or municipality from imposing and collecting ad valorem taxes on any
property, real or personal, not otherwise now exempted by law; further, the limitation
herein imposed upon counties, cities, towns, and municipalities shall not apply to any county,
city, town, or municipality which does not receive a share of the severance tax levied upon
production other than offshore production as defined in Section 40-20-1 under the provisions
of this article. The limitation herein imposed upon counties, cities, towns, and municipalities
shall remain in full force and effect in regard to offshore...
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41-18-1
or grant accepted by the board pursuant to this paragraph or services borrowed pursuant to
paragraph (g) of this article shall be reported in the annual report of the board. Such report
shall include the nature, amount and conditions if any, of the donation, grant or services
borrowed and the identity of the donor or lender. (i) The board may establish and maintain
such facilities as may be necessary for the transacting of its business. The board may acquire,
hold and convey real and personal property and any interest therein. (j) The board
shall adopt bylaws for the conduct of its business and shall have the power to amend and rescind
these bylaws. The board shall publish its bylaws in convenient form and shall file a copy
thereof and a copy of any amendment thereto with the appropriate agency or officer in each
of the party states. (k) The board annually shall make to the governor and legislature of
each party state a report covering the activities of the board for the...
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