Arizona Revised Statutes Title 27 - Minerals, Oil And Gas
Chapter 1 STATE AGENCIES AND OFFICERS
Article 1 Arizona Geological Survey
- § 27-101 Definitions
In this article, unless the context otherwise requires: 1. " Aggregate" means cinder, crushed rock or stone, decomposed granite, gravel, pumice, pumicite and sand....
- § 27-102 Arizona Geological Survey; State Geologist; Powers
A. The Arizona geological survey is established with offices located in proximity to the university of Arizona in Tucson. The governor shall appoint a...
- § 27-103 Objectives Of Arizona Geological Survey
The objectives of the Arizona geological survey are to: 1. Serve as a primary source of geologic information in this state to enhance public...
- § 27-104 Qualifications Of Employees; Private Activities Relating To Geological Services Prohibited
Qualifications of employees of the Arizona geological survey shall be prescribed by the state geologist with the concurrence of the governor. Neither the state...
- § 27-105 Immunity
Any claim or action against the Arizona geological survey, the state geologist or any other officer, employee or volunteer of the geological survey in...
- § 27-106 Duties Of Arizona Geological Survey
The Arizona geological survey shall: 1. Map and describe the bedrock and related geologic materials and processes in Arizona, as follows: (a) Prepare geologic...
- § 27-107 Powers And Duties Of State Geologist; Fund
A. The state geologist shall: 1. Establish such administrative functions and offices as necessary to achieve the purposes of this article. 2. Prescribe the...
- § 27-108 Publications; Deposit
A. The state geologist may publish, in the form of bulletins, circulars, maps and other related series, or otherwise make available to state agencies,...
- § 27-109 Annual Report Of State Geologist
The state geologist shall make an annual report to the governor on the progress and condition of the Arizona geological survey, of pertinent facts...
- § 27-110 Trade Secrets; Confidentiality; Definition
A. The state geologist may receive and accept geologic, engineering and feasibility studies and other economic and technical information that is considered a trade...
- § 27-112 Trade Secrets; Confidentiality; Definition
A. The director may receive and accept geologic, engineering and feasibility studies and other economic and technical information that is considered a trade secret...
Article 2 State Mine Inspector
- § 27-121 Qualifications Of Mine Inspector; Duties; Deputies; Salary; Immunity
A. The state mine inspector shall be a resident of this state at least two years before election, not under thirty years of age,...
- § 27-122 Deputy Inspectors
Subject to title 41, chapter 4, article 4, the state mine inspector may appoint and assign such deputy inspectors to perform the duties of...
- § 27-123 Education And Training Fees
A. The state mine inspector may adopt and collect education and training fees for the purpose of training miners in this state. B. The...
- § 27-124 Mine Inspections Required; Powers Of Inspector
A. The mine inspector shall inspect, at least once every three months, every active underground mine in the state employing fifty or more persons,...
- § 27-125 Inspection Report
After every inspection the inspector shall fill out and leave with the operator a preliminary inspection report that lists the inspection party, the part...
- § 27-126 Annual Report To Governor
A. The mine inspector on March 31 each year shall make and file with the governor a statistical summary and report of the work...
- § 27-127 Restrictions On Divulging Information By Inspectors And Employees; Dismissal For Violation
A. No inspector, deputy or employee shall make a report with respect to a mining property or prospect, except an official report to his...
- § 27-128 Inspection Of Mines; Violation; Classification
A. The state mine inspector or a deputy inspector shall inspect each mine in the state as frequently as necessary to determine whether any...
- § 27-129 Locating Abandoned Mines; Public Education; Donor Immunity
A. Subject to legislative appropriation, the state mine inspector shall establish a program to locate, inventory, classify and eliminate public safety hazards at abandoned...
- § 27-131 Abandoned Mines Safety Fund; Annual Report
A. Notwithstanding section 27-129, subsection D, the abandoned mines safety fund is established consisting of: 1. Gifts, grants and contributions specifically designated for the...
Chapter 2 MINING RIGHTS IN LAND
Article 1 Mining Locations
- § 27-201 Location Of Mining Claim Upon Discovery Of Mineral In Place
Upon discovery of mineral in place on the public domain of the United States the mineral may be located as a lode mining claim...
- § 27-202 Method Of Locating A Lode Claim; Monument; Location Notice; Amendments
A. Location of a lode claim shall be made by erecting on the surface on the centerline within the boundaries of the claim a...
- § 27-203 Completing Lode, Placer Or Millsite Locations; Recording Location Notice; Monumenting; Map, Plat Or Sketch Requirements; Abandonment Of Claims; Recorder Duties And Fees
A. The locator of a lode, placer or millsite claim shall: 1. Cause to be recorded in the office of the county recorder of...
- § 27-204 Monumenting Lode Claims
The boundaries of a lode claim shall be monumented by six substantial posts projecting at least four feet above the surface of the ground,...
- § 27-205 Locating And Monumenting Placer And Millsite Claims
The locator of a placer mining or millsite claim shall locate the claim in the same manner as prescribed for a lode claim, except...
- § 27-206 Relocation
The relocation of a claim shall be made in the same manner as other locations. If the original location work of the claim being...
- § 27-208 Affidavit Of Annual Work; Affidavit Of Claim Maintenance Fee Payment; Fees
A. Before December 31 of any year in which the performance of annual labor or making improvements or the payment of claim maintenance fees...
- § 27-209 Sufficiency Of Description Of Mining Claims
In all actions, judgments, grants, or conveyances it shall be a sufficient description of a mining claim if the name of the claim, the...
- § 27-210 Existing Claims
A. The owner of an unpatented lode, placer or millsite claim existing on the effective date of this section may on or before October...
Article 2 Rights of Co-Owners
Article 3 Lease of State Lands for Mineral Claims
- § 27-231 Definition Of Mineral
In this article, unless the context otherwise requires, " mineral" means all metallic ore minerals and industrial minerals other than common variety minerals as...
- § 27-233 Preferred Right To Renew Mineral Lease; Evaluation Of Geologic And Economic Evidence
A. Upon application to the state land commissioner, not less than thirty nor more than sixty days prior to the expiration of the lease,...
- § 27-234 Rent; Royalty; Appeal; Interest; Penalty; Lien
A. Before issuing a mineral lease the state land commissioner shall establish the annual land rental for the mineral lease. The rental shall be...
- § 27-235 Offering Permits And Leases At Auction; Terms Of Lease; Financial Security Termination
A. The state land commissioner may offer mineral exploration permits or mineral leases at public auction, after advertising, for state lands on which a...
- § 27-236 Suspension Of Royalty Rights
The commissioner may, if he deems it in the interest of the state, subordinate the royalty rights of the state under this article, or...
- § 27-237 Review By Commissioner
All questions arising between a lessee and the commissioner under this article shall be subject to review as in other cases involving state lands,...
- § 27-238 Existing Leases
Every mineral lease issued under this article and article 4 of this chapter which had not expired or been terminated by the department as...
- § 27-239 Inspections, Investigations And Audits
A. The state land commissioner or the commissioner's authorized representative may enter, and the lessee shall maintain access to, the state land held under...
Article 4 Mineral Exploration Permits and Mineral Leases
- § 27-251 Application For Mineral Exploration Permit
A. Any natural person over eighteen years of age and any other person qualified to transact business in this state may apply to the...
- § 27-252 Terms Of Mineral Exploration Permit; Definition
A. Every mineral exploration permit shall be for a term of one year from the date of issuance, subject to renewals as provided in...
- § 27-253 Renewal Of Permit
The holder of an exploration permit may, prior to expiration of the annual period for which such permit was issued, or prior to expiration...
- § 27-254 Mineral Lease
Following discovery of a valuable mineral deposit upon the state land covered by a mineral exploration permit within a rectangular subdivision of twenty acres,...
- § 27-255 Bonds
A. The commissioner, in his discretion, may require the applicant for a mineral exploration permit, prior to issuance of such permit, to file with...
- § 27-256 Assignment
Any mineral exploration permit issued hereunder may be assigned in whole or in part by the permittee, but such assignment shall not become effective...
Article 5 Lease of State Lands for Common Variety Minerals
- § 27-271 Definition Of Common Variety Minerals
For purposes of this article, " common variety minerals" : 1. Includes deposits of petrified wood, stone, pumice, pumicite or cinders, decomposed granite, sand,...
- § 27-271.01 Inventory Of Trust Land Containing Common Mineral Products, Materials And Property
The department shall maintain an inventory of lands suitable for lease or sale that are within the boundaries identified in section 37-312 and are...
- § 27-272 Common Variety Mineral Leases; Terms And Conditions; Rules
A. The state land department may dispose of common variety minerals at auction and may execute common variety mineral leases offered at auction for...
- § 27-273 Performance And Reclamation Bonds
A. The commissioner may require the lessee to post a cash deposit, a certificate of deposit, a surety bond or any other form of...
- § 27-274 Trade Secrets; Confidentiality; Definition
A. For the proper administration of state land, the state land commissioner may require a lessee to submit relevant geologic, engineering and feasibility studies...
- § 27-276 Enforcement
Leases issued and executed under this article are subject to the enforcement provisions prescribed by section 27-239.
Chapter 3 OPERATION OF MINES
Article 1 General Provisions
- § 27-301 Definitions
In this chapter, unless the context otherwise requires: 1. " Abandoned mine" means a mine where mining operations have been permanently terminated or the...
- § 27-302 Operations Subject To Chapter; Enforcement By Inspector; Violation; Classification
A. All operations shall be subject to the provisions of this chapter unless specifically exempted from a particular provision by its terms. B. The...
- § 27-303 Notification To Inspector Of Beginning Or Suspending Operations
A. When mining operations are scheduled to begin at any mine, the operator, owner, agent or other authorized representative shall give written notice to...
- § 27-304 Operator Responsibility
A. The operator shall conduct his operation with due regard to health and safety. No operator shall fail to provide or use such safety...
- § 27-305 Employee Responsibility
Each employee shall make full use of all safeguards provided for his protection. Except for the purposes of repair, no employee or other person...
- § 27-306 First Aid; Inspectors As Qualified Instructors
A. Every operation shall have adequate and proper first aid material as approved by the inspector which shall be available to all employees. B....
- § 27-307 Notice To Operator Of Dangerous Condition; Compliance; Failure To Comply As Prima Facie Evidence Of Negligence; Order To Cease Operations
A. If upon inspection it appears to the inspector that an operation from any cause is in a dangerous condition or its condition fails...
- § 27-308 Complaint To Inspector Of Dangerous Conditions By Employee; Inspection
When the inspector receives a complaint in writing signed by a person employed in an operation, stating that the operation in which he is...
- § 27-309 Reports Of Fatal Accidents To Inspector; Investigation
A. When a fatal accident occurs in an operation, the operator shall give immediate notice thereof by telephone or facsimile transmission, and after investigation...
- § 27-310 Copy Of Law Available For Inspection
The operator or person in charge of an operation shall keep at all times in the office of the operation and in the timekeeper's...
- § 27-311 Fire Prevention And Protection
Every operation where there appears to be any possibility of fire or serious hazards from fire shall provide sufficient fire protection. This shall include...
- § 27-312 Safety Equipment
A. All persons working in operations shall wear approved type head, foot and eye protection when in the work area and such other safety...
- § 27-313 Machinery
A. All moving parts of machinery to which workmen may be exposed shall be adequately guarded. Guards shall conform to the standards set forth...
- § 27-314 Electrical Installations
All electrical equipment shall be so maintained as to reduce the accident hazard so far as is reasonably possible. Such electrical equipment shall be...
- § 27-315 Unauthorized Persons
No person whose entry has not been authorized by the operator shall be allowed in any operation.
- § 27-316 Intoxicating Liquors And Drugs
No intoxicating liquors or beverages and no narcotic drugs shall be permitted on any operation. No employee or other person under the influence of...
- § 27-317 Waste Dumps And Tailings Areas; Signs; Violation; Classification
In areas where waste dumps, subsidence areas or tailings areas border on inhabited or public places, the roads from such places leading into such...
- § 27-318 Abandoned And Inactive Mines To Be Secured; Inspector Authority; Violation; Classification
A. Every mine operator or former mine operator or claimant who owns a mine or mining claim or possesses a mine or mining claim...
Article 2 Explosives and Blasting
- § 27-321 Explosives; Records; Inspection
A. Every person manufacturing, storing, selling, transferring or in any manner disposing of explosives or blasting agents, shall keep an accurate record of all...
- § 27-322 Explosives; Marking; Utilization And Storage
A. All explosives or blasting agents sold in the state shall be marked with the date of manufacture in the manner prescribed by the...
- § 27-323 Explosives; Rules And Regulations; Access To Operations
A. The inspector shall prescribe and promulgate rules in accordance with the provisions of this chapter pertaining to storing, transporting and using explosives and...
- § 27-324 Blasting
Before firing blasting charges, the blasting crew shall clear the vicinity surrounding the blast site of all personnel, make provision to guard all means...
- § 27-325 Use Of Tamping Bar
No person shall, whether working for himself or in the employ of another, while loading or charging a hole with explosives, use or employ...
Article 3 Hoists, Shafts and Underground Operations
- § 27-341 Escapement Shafts
A. Every operator maintaining in a mine a vertical or incline shaft or an adit to a distance greater than one hundred feet and...
- § 27-342 Mine Outlets
Every mine shall have at least two outlets to the surface except as otherwise provided in this article. The outlets shall not lead to...
- § 27-343 Structures Over Mine Outlet
No structure shall be erected over an outlet of a mine except the headframe necessary for hoisting from a shaft and the hatch or...
- § 27-344 Timbering Support
A. Minimum standards for proper timbering or other ground support of any working place shall be suitable to the conditions of the mining system....
- § 27-345 Shelter Areas
On every level of an underground mine where mechanical haulage is employed and in which there is not sufficient clearance for employees, unobstructed shelter...
- § 27-346 Ladder‑ways
Every shaft, winze, raise or incline, of slope steeper than forty degrees from the horizontal, and deeper than forty feet, through which persons are...
- § 27-347 Construction Of Ladder‑ways
A. Permanent ladder-ways shall be strong and firmly fastened, and shall be kept in good repair. B. In a vertical shaft the inspector may,...
- § 27-348 Shaft Stations
Stations or levels shall have a passageway around the working shaft so that crossing over the hoisting compartments may be avoided. Sumps shall be...
- § 27-349 Tracks And Roadbeds; Maintenance Underground
When mechanical haulage is in an underground mine, the tracks, roadbeds, rails, joints, switches and frogs shall be constructed, installed, bonded and maintained in...
- § 27-350 Lights; Trolley Wires
A. Stationary lights which are approved by the inspector shall be provided during working hours at all stations in shafts during the time such...
- § 27-351 Hoists; Operator; Indicator
A. No person addicted to intoxicating liquors or drugs, or under eighteen years of age shall be employed as a hoisting engineer. B. All...
- § 27-352 Inspection And Construction Of Hoists
A. Hoisting machinery, cables and sheaves shall be inspected once every twenty-four hours by a competent person appointed by the operator for that purpose,...
- § 27-353 Safety Cage And Catches
A. It is unlawful for the operator of a mine to permit hoisting or lowering persons in a shaft deeper than three hundred feet...
- § 27-354 Cross‑heads; Buckets
A. Vertical shafts more than two hundred feet deep from which hoisting is done by a bucket shall be provided with suitable guides, and...
- § 27-355 Hoisting Tools And Materials
A. When tools, timber or other materials are loaded or hoisted in the shaft, the ends, if projecting above the top of the bucket,...
- § 27-356 Protection From Falling Materials
A. Persons engaged in sinking a shaft in which regular hoisting from an upper level is going on, shall be protected from the danger...
- § 27-357 Hoist Release Signal
A. At a mine where men are hoisted by mechanical means, a hoistman charged with the hoisting shall be kept on duty at the...
- § 27-358 Signaling Apparatus
A. Every shaft and each compartment thereof used for hoisting which exceeds fifty feet in depth, and not exempted in writing by the inspector,...
- § 27-359 Signal Code
A. The following signal code shall be used in all mines: 1 bell, stop immediately if in motion. 1 bell, hoist muck, after preliminary...
- § 27-360 Precautions Against Flooding
A. When advancing a drift, adit, level or incline toward a mine working that appears to be filled with water, a bore hole shall...
- § 27-361 Common System Of Drainage; Contribution Of Cost
A. When adjacent or contiguous mines, opened, developed and worked upon the same or upon separate lodes have a common ingress of water, or,...
- § 27-362 Order For Inspection
A. When an action is commenced to recover the costs and expenses of draining lodes or mines, the court shall grant an order allowing...
- § 27-363 Danger Signals; Visitors
A. Owners or operators shall place warning signs or other warning notices at the entrance to working places deemed dangerous, and at the entrance...
- § 27-364 Interfering With Equipment
No person shall knowingly: 1. Injure or destroy any equipment or machinery of a mine, nor, unless authorized so to do, obstruct, open, close...
- § 27-365 Regulation Of Underground Use Of Internal Combustion Engines
The underground use of any internal combustion engine is declared unlawful, unless after application filed with the inspector he approves the equipment for safe...
- § 27-366 Maps Of Underground Workings
When ordered by the inspector, the operator of every underground mine shall make and maintain a reasonably accurate map of the workings of the...
- § 27-367 Maintenance And Use Of Loading Equipment
Mucking machines, sorters and other loading devices shall be maintained and operated in a safe manner.
- § 27-368 Ventilation; Condition Of Airways; Testing
A. Every underground working place shall have a sufficient amount of ventilation for employees working in such place. B. In any underground working place...
- § 27-369 Evacuation; Procedure; Routes
Every operator shall have a plan for orderly evacuation in the event of an emergency. Every evacuation route shall be designated by signs and...
- § 27-370 Stench Warning
A. The operator shall maintain a suitable and sufficient stench warning that can be introduced into the compressed airlines in case of an emergency...
- § 27-371 Radon Control
Concentrations of radon gas shall not exceed such amounts as may be set by the inspector.
- § 27-372 Uranium Operations; Testing For Radon Daughters
In all uranium operations the operator shall test regularly for radon daughter concentration and submit such records of testing as may be required to...
- § 27-373 Cap Lamps
Permissible cap lamps shall be required in all underground mines where there is a potential hazard from gas.
Article 4 Prevention of Hazardous Dust and Gas Conditions
- § 27-411 Definitions
In this article, unless the context otherwise requires: 1. " Dust prevention practices" includes ventilation, suction or exhaust methods of removing dust, wet methods...
- § 27-412 Dust Control
A. Every operator shall do everything reasonably within his power to encourage good practices in the use of any appliances for allaying dust. Each...
Article 5 Open Pits
- § 27-421 Ingress And Egress
The operator shall provide a safe means of ingress and egress at every open pit or any working place.
- § 27-422 Banks
A. Banks and benches shall be suitably trimmed in a manner consistent with the kind of rock or material, height of banks, and type...
- § 27-423 Tracks, Roadbeds And Roadways
A. Tracks, roadbeds, rails, joints, switches and frogs on all haulageways shall be constructed, installed and maintained in a manner consistent with the speed...
- § 27-424 Operation Of Heavy Equipment
A. The operator shall insure that employees operating any heavy duty equipment such as a locomotive, crane, power shovel, truck, bulldozer, front end loader...
- § 27-425 Open Pits; Fencing Or Blocking
Those portions or places of open pits which border on inhabited places frequented by the public shall be fenced or otherwise blocked off.
Article 6 Aggregate Mining Operations
Article 7 Rules and Regulations
Chapter 4 OIL AND GAS
Article 1 Production and Conservation
- § 27-501 Definitions
In this article, unless the context otherwise requires: 1. " Certificate of clearance" means a permit approved and issued or registered by the commission...
- § 27-502 Declaration Of Policy
A. It is the public policy of the state to: 1. Conserve the natural resources of oil and gas and products thereof. 2. Prevent...
- § 27-503 Waste Of Oil Or Gas Prohibited; Powers Of Commissioner To Prevent Waste
A. Waste of oil or gas is unlawful and is prohibited. B. The commissioner shall make inquiries he deems proper to determine whether waste...
- § 27-504 Drilling Units; Rules And Regulations; Exceptions
A. For the prevention of waste, to protect and enforce the correlative rights of owners in a pool, and to avoid augmentation and accumulation...
- § 27-505 Pooling Of Interests
A. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and...
- § 27-506 Regulation Of Drilling In Pools; Notice Of Sale, Transfer Or Purchase
A. The commissioner shall, upon notice and hearing, regulate drilling and location of wells in any pool and the production therefrom to prevent reasonably...
- § 27-507.01 Common Purchaser Of Crude Oil And Petroleum; Duties; Ratable Taking; Discrimination Prohibited
A. Every person as defined in this article which may now, or hereafter, purchase crude oil or petroleum in this state, whether they be...
- § 27-508.01 Common Purchaser Of Gas; Duties; Ratable Taking; Discrimination Prohibited
A. Every person as defined in this article now or hereafter engaged in purchasing from one or more producers, gas produced from gas wells...
- § 27-509 Certificate Of Compliance
A. An owner or operator of an oil or gas well shall, before connecting with an oil or gas pipe line, secure from the...
- § 27-510 Certificate Of Clearance
A. The sale, purchase or acquisition, or the transportation, refining, processing or handling of illegal oil or gas or illegal product is unlawful, but...
- § 27-511 Confiscation Proceedings
A. Illegal oil and gas and illegal products shall be seized and sold as contraband. The sale shall not take place unless the court...
- § 27-512 Sale Of Illegal Oil Or Gas Or Illegal Products
A. Sale and notice of sale of illegal oil or gas or illegal product seized under the authority of this article shall be in...
- § 27-513 Permit To Drill Well
A person desiring to drill a well in search of oil or gas shall notify the commissioner on a form prescribed by the commissioner,...
- § 27-513.01 Appointment By Drilling Permittee Of Attorney Upon Whom To Serve Process
A. The acceptance of a permit to drill under section 27-513 shall be deemed to constitute and be the appointment of the commission by...
- § 27-514 Commission; Appointment; Terms; Compensation
A. There is created an oil and gas conservation commission. B. The commission shall consist of the state land commissioner ex officio who shall...
- § 27-515 Administration; Powers Of The Commission; Fees
A. The commission shall administer and enforce the provisions of this article and other laws relating to conservation of oil and gas. The commission...
- § 27-516 Rules
A. The commission shall make rules and amend them as deemed necessary for the proper administration and enforcement of this article, including the following...
- § 27-517 Hearings; Reporter; Fees
A. Any interested person shall, by written request, have the right to have the commissioner call a hearing for the purpose of taking action...
- § 27-519 Refusal To Obey Subpoena
A. If a person fails or refuses to comply with a subpoena issued by the commissioner, or if a witness refuses to testify or...
- § 27-520 Judicial Review; Procedures
A. Except as provided in subsection B of this section and section 41-1092.08, subsection H, any party aggrieved by any final action of the...
- § 27-521 Duties Of Attorney General
The attorney general shall be attorney for the commissioner. The commissioner may in cases of emergency or in special cases, upon request of the...
- § 27-522 Records
A. All rules and orders made by the commission shall be in writing and entered in full in a book kept by the commission....
- § 27-523 Deposit Of Monies; Expenses
A. Monies collected by the commissioner under this article shall be deposited, pursuant to sections 35-146 and 35-147, in the fund. B. Expenses incident...
- § 27-524 Enforcement
A. When it appears that a person is violating or threatening to violate any provision of this article, or a rule, regulation or order...
- § 27-525 Injunctions And Restraining Orders
A. No temporary restraining order or injunction shall be granted against the commissioner or his agent, employee or representative to restrain enforcement of a...
- § 27-526 Appeals
In an action brought under this article, or an action which involves any rule, regulation or order made under this article, any party to...
- § 27-527 Violation; Classification
A. Any person who violates any provision of this article, or any rule, regulation or order of the commission, is subject to a civil...
Article 1.1 Fieldwide Unitization
- § 27-531 Integration Of Interests And Spacing Units
A. To prevent or to assist in preventing waste, to insure a greater recovery of oil and gas, and to protect the correlative rights...
- § 27-532 Order; Units And Unit Areas; Plan Of Unitization
The order of the commission shall define the area of the pool or portion thereof to be included within the unit area and prescribe...
- § 27-533 Ratification Or Approval Of Plan By Lessees And Owners
A. No order of the commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the...
- § 27-534 Unlawful Operation
From and after the effective date of an order of the commission creating a unit and prescribing the plan of unitization applicable thereto, the...
- § 27-535 Status And Powers Of Unit; Liability And Expenses; Lien
A. The obligation or liability of the lessees or other owners of the oil and gas rights in the several separately owned tracts for...
- § 27-536 Modification Of Property Rights, Leases And Contracts; Title To Property; Distribution Of Proceeds; Delivery In Kind; Effect Of Operations; Matters Not Affected
A. Property rights, leases, contracts and all other rights and obligations shall be regarded as amended and modified to the extent necessary to conform...
- § 27-537 Enlargement Of Area; Creation Of New Units; Amendment Of Plan
The unit area of a unit may be enlarged to include adjoining portions of the same pool, including the unit area of another unit,...
- § 27-538 Federal Taxation
Any unit agreement approved by the commission shall contain language suggested by the internal revenue service under I.T. 3930 and I.T. 3948 so that...
- § 27-539 Validation Of Unit Agreements
An agreement for the unit or cooperative development and operation of a field, pool, or part thereof, may be submitted to the commission for...
Article 2 Lease of State Lands for Oil and Gas
- § 27-551 Definitions
In this article, unless the context otherwise requires: 1. " Arizona refinery business" means a firm which markets in this state the product refined...
- § 27-552 Rules And Regulations
The department may prescribe rules and regulations necessary and appropriate to carry out the purposes of this article.
- § 27-553 Leasing State Lands For Oil And Gas
The department may lease state lands for oil and gas and issue oil and gas leases as provided in this article.
- § 27-554 Designation Of Known Geological Structures Of Producing Oil And Gas Fields
A. The department shall from time to time determine and designate the known geological structures of producing oil and gas fields. The determinations and...
- § 27-555 Lease Of State Lands Not Located Within Known Geological Structure Of Producing Oil And Gas Field; Application; Lease Extension; Provisions Of Lease; Withdrawal Of Lands From Leasing
A. When state lands are not located within any known geological structure of a producing oil and gas field, as determined pursuant to section...
- § 27-555.01 Extension Of Lease Due To Lack Of Transportation, Processing Facilities Or Market
A. When the owner of an oil and gas lease issued pursuant to this chapter has discovered oil or gas on the leased premises...
- § 27-556 Lease Of State Lands Located Within Known Geological Structure Of Producing Oil Or Gas Field; Sealed Bids; Call For Bids; Publication; Lease Extension; Provisions Of Lease; Acreage Limitation
When state lands are located within a known geological structure of a producing oil or gas field, as determined pursuant to section 27-554, the...
- § 27-557 Unit Operations; Unit Agreements
A. Each lease issued under the provisions of this article shall provide that the lessee, insofar as its interest in the lease is affected,...
- § 27-558 Conservation Laws
The development of oil and gas leases issued pursuant to this article shall be in accordance with the laws of the state relating to...
- § 27-559 Development Of Water For Use In Operations; Taking Over Well Which Yields Fresh Water
A. A lessee shall have the right to develop water for use in its operations subject to the applicable laws of the state pertaining...
- § 27-560 Surface Use By Lessee; Liability For Damages; Bond; Appraisal Of Damages; Appeal
The lessee shall have the right to use as much of the surface of the lands as reasonably necessary for its operations under the...
- § 27-561 Assignment Of Lease; Recording
A. In event of the assignment of a lease as to a segregated portion of the land covered thereby, the rentals payable thereunder shall...
- § 27-562 Surrender
A lessee may surrender any part or all of the lands covered by the lease at any time upon payment to the department of...
- § 27-563 Payment Of Noncompetitive Lease Royalties In Kind Or Cash
Royalties payable to this state under section 27-555, subsection B are payable in kind or in cash at the option and demand of the...
- § 27-564 Receipt And Sale Of Royalty Oil
A. The department on its initiative and with the approval of the selection board may elect to receive royalty oil in kind from a...
- § 27-565 Application To Purchase Royalty Oil
A. An Arizona refinery business may apply to the department to purchase royalty oil which the department elects to receive from a lessee. The...
- § 27-566 Notice To Lessee Of Election; Storage
A. Not less than eleven weeks before the sale of royalty oil by the department, the department shall give the lessee written notice of...
- § 27-567 Sales Of Royalty Oil
A. The royalty oil which the department receives pursuant to an election under section 27-564 shall be offered for sale by the department at...
- § 27-568 Delivery Of Oil To Purchaser
Royalty oil sold pursuant to section 27-567 shall be delivered to the buyer at the earliest time following the declaration of the highest and...
- § 27-569 Prohibitions On Resale
Sale of royalty oil under this article is for processing or use in the purchaser's refineries but not for resale in kind. Agreements providing...
- § 27-570 Bond And Penalties; Waiver
A. If the department requires a bond to guarantee performance by the buyer, the amount shall be based on the average price of royalty...
- § 27-571 Inspecting Well Records; Trade Secrets; Confidentiality; Definition
A. The state land commissioner or the commissioner's agent may inspect any well records that are required to be filed with the oil and...
Article 3 Interstate Oil Compact
Article 4 Geothermal Resources
- § 27-651 Definitions
In this article, unless the context otherwise requires: 1. " Commission" means the oil and gas conservation commission. 2. " Completion" or " completed...
- § 27-652 Supervision By Commission
A. The commission shall so supervise the drilling, operation, maintenance and abandonment of geothermal resource wells as to encourage the greatest ultimate economic recovery...
- § 27-653 Information; Filing; Confidentiality
The commission shall collect all information regarding all wells drilled in the state for geothermal resources and necessary for the purpose of supervision of...
- § 27-654 Drilling Bond; Amount; Responsibility
A. The commission shall require every person who engages in the drilling, ownership or operation of a well, or the entering or deepening of...
- § 27-655 Commission Approval Prior To Operation; Information; Hearing
The commission shall have jurisdiction over any stimulation, induction or creation of a geothermal resource. Prior to any operation involving the stimulation, induction or...
- § 27-656 Rules And Orders; Hearing
A. The commission shall adopt rules necessary for the proper administration and enforcement of this article. B. The commission shall comply with title 41,...
- § 27-657 Agent For Process
Every owner or operator of any well shall designate an agent who resides in this state upon whom may be served all orders, notices...
- § 27-658 Notice Of Sale Or Conveyance Of Well Or Land
A. The owner or operator of any well shall notify the commission in writing on such form as the commission may direct of the...
- § 27-659 Application To Drill
The owner or operator of any property, before commencing the drilling of a well or entering or deepening an abandoned well, shall file with...
- § 27-660 Safety Requirements
Any person engaged in the drilling of a well for geothermal resources in an area wherein fluids, gases or steam under high pressure are...
- § 27-661 Drilling Record; Samples
The owner or operator of any well shall keep, or cause to be kept, a log, core record and drilling history, copies of which...
- § 27-662 Monthly Report
The owner or operator of any well producing geothermal resources shall file with the commission on or before the twenty-fifth day of the next...
- § 27-663 Unlawful Interference; Classification
Any owner or operator or employee thereof who knowingly refuses to permit the commission to inspect a well or who knowingly hinders or delays...
- § 27-664 Cooperative Development Agreements; Unitization
Whenever the commission finds that it is in the interest of the protection of the geothermal resources of this state from unreasonable waste, the...
- § 27-665 Unitization; Requirements
A. No order of the commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the...
- § 27-666 Pooling
A. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and...
- § 27-667 Relationship Of Geothermal Resources To Water Laws
A. Geothermal resources and their development shall be exempt from the water laws of this state unless either: 1. Such resources are commingled with...
- § 27-668 Leasing State Lands For Development Of Geothermal Resources
A. The department may lease state lands for the development of geothermal resources and sell geothermal resource leases as provided in this article. B....
- § 27-669 Designation Of Known Geothermal Resource Areas
The department may determine and designate the known geothermal resource areas. The determinations and designations shall be published twice in a newspaper of general...
- § 27-670 Lease Of State Lands; Application; Call For Bids; Publication; Withdrawal Of Lands From Leasing
A. Applications for leases shall be in writing addressed to the department and shall contain a description of the lands sufficient to identify them,...
- § 27-671 Provisions Of Lease
A. The leases shall provide for the payment by the lessee of a royalty of not less than twelve and one-half per cent of...
- § 27-672 Unit Operations; Unit Agreements
A. Each lease issued under the provisions of this article shall provide that the lessee, insofar as its interest is affected, may join, with...
- § 27-673 Surface Use By Lessee; Liability For Damages; Bond; Appraisal Of Damages; Appeal
The lessee shall have the right to use as much of the surface of the lands as reasonably necessary for its operations under the...
- § 27-674 Assignment Of Lease; Recording
A. In event of the assignment of a lease as to a segregated portion of the land, the rentals payable shall be apportioned between...
- § 27-675 Surrender
At the discretion of and upon prior written approval of the department, a lessee may surrender a portion of the lands covered by the...
- § 27-676 Enjoining Violations
A. If it appears that a person is violating any provision of this article, or a rule or order made pursuant to this article,...
- § 27-677 Violation; Civil Penalty
A. In any action brought pursuant to section 27-676 against a person who violates any provision of this article, or any rule or order...
Chapter 5 MINED LAND RECLAMATION
Article 1 Administration
Article 2 General Regulatory Provisions
- § 27-921 Surface Disturbances Created By New Exploration Operation Or Mining Unit
Beginning April 1, 1997, an owner or operator of a new exploration operation or new mining unit shall not create a surface disturbance of...
- § 27-922 Surface Disturbances Created By Existing Exploration Operation Or Mining Unit; Extension; Continuing Operations
A. An owner or operator of an existing exploration operation or existing mining unit with surface disturbances of more than five contiguous acres shall...
- § 27-923 Creating Surface Disturbances Of Five Acres Or Less
A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or mining unit from creating a surface disturbance of...
- § 27-924 Inactive Mining Units
A. At an inactive mining unit, the following are not subject to the requirements of this chapter: 1. Voluntary reclamation measures that are not...
- § 27-925 Remedial Response To Emergencies And Governmental Orders
A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this...
- § 27-926 Initiation, Extension And Completion Of Reclamation
A. Beginning April 1, 1997, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at a mining unit, reclamation...
- § 27-927 Substantial Changes To Approved Reclamation Plan; Fee
A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is...
- § 27-928 Transferring An Approved Reclamation Plan
A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator...
- § 27-929 Notice Of Plan Or Substantial Change
A. The state mine inspector shall give notice of a proposed reclamation plan or a substantial change to an approved reclamation plan once each...
- § 27-930 Public Disclosure Of Information; Definition
A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a...
- § 27-931 Variances
A. The state mine inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or mining unit to...
- § 27-932 Coordination With Other Governmental Agencies
A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of...
- § 27-933 Denials; Appeals
The owner or operator of an exploration operation or mining unit may request a hearing on the state mine inspector's denial of a plan...
- § 27-934 Plan Submission Fee; Accounting And Appropriation Of Revenues
A. The state mine inspector shall assess and collect a one-time submission fee from the owner or operator of each exploration operation and mining...
- § 27-935 Plan Review And Evaluation By Private Consultants
A. Subject to section 38-503 and other applicable statutes and rules, the state mine inspector may contract with a private consultant for the purpose...
Article 3 Exploration Operations Reclamation Plan
- § 27-951 Submission And Contents Of Reclamation Plan
A. Beginning April 1, 1997, a person who conducts exploration operations that will create more than five contiguous acres of surface disturbance shall submit...
- § 27-952 Notice Of Complete, Incomplete Or Denied Plan
A. The state mine inspector shall notify the operator that a reclamation plan is administratively complete or incomplete within thirty days after receiving the...
- § 27-953 Approval; Criteria
The state mine inspector shall approve a reclamation plan for exploration operations within sixty days after receiving a complete plan if the plan provides...
- § 27-954 Beginning New Exploration Operations
New exploration operations may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the exploration operations...
- § 27-955 Annual Renewal
A reclamation plan for exploration operations is renewable annually on: 1. Modification of the plan to address types of surface disturbances that will be...
Article 4 Mining Unit Reclamation Plan
Article 5 Financial Assurance
Article 6 Enforcement
- § 27-1021 Inspections
Beginning April 1, 1997, the state mine inspector may enter and inspect, during normal business hours, any exploration operation or mining facility that is...
- § 27-1022 Compliance Orders
A. Beginning April 1, 1997, if the state mine inspector determines that a person is violating this chapter, a rule adopted pursuant to this...
- § 27-1023 Enforcement Action On Reclamation Plan Approval
A. The state mine inspector may suspend, withdraw or revoke a reclamation plan approval if the inspector determines that the facility is in violation...
- § 27-1024 Injunctive Relief; Civil Penalties
A. Beginning April 1, 1997, if the state mine inspector has reason to believe that a person is violating this chapter or a rule...
- § 27-1025 Agency Order; Appeal
A. An order issued by the state mine inspector pursuant to this article is final unless the defendant requests a hearing pursuant to title...
- § 27-1026 Violation; Classification
A. Beginning April 1, 1997, an owner or operator of an exploration operation or mining unit shall not: 1. Cause a surface disturbance at...
Chapter 6 AGGREGATE MINED LAND RECLAMATION
Article 1 Administration
Article 2 General Regulatory Provisions
- § 27-1221 Surface Disturbances Created By New Exploration Operation Or Aggregate Mining Unit
Beginning January 1, 2007, an owner or operator of a new exploration operation or new aggregate mining unit shall not create a surface disturbance...
- § 27-1222 Surface Disturbances Created By Existing Exploration Operation Or Aggregate Mining Unit; Extension; Continuing Operations
A. An owner or operator of an existing exploration operation or existing aggregate mining unit with surface disturbances of more than five contiguous acres...
- § 27-1223 Creating Surface Disturbances Of Five Acres Or Less
A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or aggregate mining unit from creating a surface disturbance...
- § 27-1224 Inactive Aggregate Mining Units
A. At an inactive aggregate mining unit, the following are not subject to the requirements of this chapter: 1. Voluntary reclamation measures that are...
- § 27-1225 Remedial Response To Governmental Orders
A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this...
- § 27-1226 Initiation, Extension And Completion Of Reclamation
A. Beginning January 1, 2007, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at an aggregate mining unit,...
- § 27-1227 Substantial Changes To Approved Reclamation Plan
A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is...
- § 27-1228 Transferring An Approved Reclamation Plan
A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator...
- § 27-1229 Notice Of Plan Or Substantial Change; New Exploration Operations; New Aggregate Mining Units
A. The state mine inspector shall schedule and conduct a public meeting on a proposed reclamation plan for a new exploration operation or new...
- § 27-1230 Notice Of Plan For Existing Exploration Operations And Existing Aggregate Mining Units
A. The inspector shall give notice of a proposed reclamation plan for an existing exploration operation or an existing aggregate mining unit. The notice...
- § 27-1231 Public Disclosure Of Information; Definition
A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a...
- § 27-1232 Coordination With Other Governmental Agencies
A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of...
- § 27-1233 Fees; Plan Submissions; Substantial Changes; Aggregate Mining Reclamation Fund
A. The state mine inspector may establish by rule a fee to be collected from the owner or operator of each exploration operation and...
- § 27-1234 Plan Review And Evaluation By Private Consultants
A. Subject to section 38-503 and other applicable statutes and rules, the state mine inspector may contract with a private consultant for the purpose...
- § 27-1235 Appeals
A person may appeal a state mine inspector action taken pursuant to this chapter as provided in title 41, chapter 6, article 10.
- § 27-1236 Licensing Time Frames
Title 41, chapter 6, article 7.1 applies to this chapter.
Article 3 Exploration Operations Reclamation Plan
Article 4 Aggregate Mining Unit Reclamation Plan
Article 5 Financial Assurance
Article 6 Enforcement
- § 27-1321 Inspections
Beginning January 1, 2007, the state mine inspector may enter and inspect, during normal business hours, any exploration operation or aggregate mining facility that...
- § 27-1322 Compliance Orders
A. Beginning January 1, 2007, if the state mine inspector determines that a person is violating this chapter, a rule adopted pursuant to this...
- § 27-1323 Enforcement Action On Reclamation Plan Approval
A. The state mine inspector may suspend, withdraw or revoke a reclamation plan approval if the inspector determines that the facility is in violation...
- § 27-1324 Injunctive Relief; Civil Penalties
A. Beginning January 1, 2007, if the state mine inspector has reason to believe that a person is violating this chapter or a rule...
- § 27-1325 Agency Order; Appeal
A. An order issued by the state mine inspector pursuant to this article is final unless the defendant requests a hearing pursuant to title...
- § 27-1326 Violation; Classification
A. Beginning January 1, 2007, an owner or operator of an exploration operation or aggregate mining unit shall not: 1. Cause a surface disturbance...
- § 27-1327 Procurement; Aggregate Materials; Eligibility
Beginning January 1, 2008, a person is not eligible for consideration for award of contracts for the sale of aggregate pursuant to title 41,...
Last modified: October 13, 2016