STATE OF OKLAHOMA

1st Session of the 52nd Legislature (2009)

SENATE BILL 556	By:	Justice

AS INTRODUCED

An Act relating to oil and gas; amending 52 O.S. 2001, Section 318.3, which relates to negotiation of surface damages; modifying certain notification procedures; requiring notice of certain oil and gas operations to be included in notice; modifying date for commencement of certain negotiations; and providing an effective date.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1.     AMENDATORY     52 O.S. 2001, Section 318.3, is amended to read as follows:
Section 318.3  Before entering upon a site for to commence oil or gas drilling, except in instances where there are non‑state resident surface owners, non‑state resident surface tenants, unknown heirs, imperfect titles, surface owners, or surface tenants whose whereabouts cannot be ascertained with reasonable diligence, operations, the operator shall give to the each surface owner and surface tenant of record who is locatable through reasonable diligence a written notice of his the intent to drill containing or conduct other oil and gas operations.  Such notice shall contain a designation of the proposed location with a certified plat showing the total area covered, location of well, location of work over rig anchors, area of overburden storage, final site requirement, roads and any other items necessary for location of the well within the section and the approximate date that the operator proposes to commence drilling or other oil and gas operations.
Such notice shall be given in writing by certified mail to the surface owner.  If the operator makes an affidavit that he or she has conducted a search with reasonable diligence and the whereabouts of the a surface owner or surface tenant of record cannot be ascertained or such notice cannot be delivered, then constructive notice of the intent to drill may be given in the same manner as provided for the notice of proceedings to appoint appraisers.
Within five (5) ten (10) days of the date of delivery or service of the notice of intent to drill or commence other oil and gas operations, it shall be the duty of the operator and the surface owner to enter into good faith negotiations to determine the surface damages.
SECTION 2.  This act shall become effective November 1, 2009.

52-1-169	MJM	1/12/2009 2:02:52 PM