Okla. Admin. Code § 725:30-23-5

Current through Vol. 42, No. 8, January 2, 2025
Section 725:30-23-5 - Damages and fees
(a) At properties where mineral operations are desired, but the Department may or may not be the owner of mineral interests, the Department shall establish the means for evaluating the damage that occurs as a result of the operation and shall set fees attributable to the mineral operation.
(b) Mineral exploration related fees that shall be established by the Executive Director shall include the following:
(1) Permit fee up to five hundred dollars ($500.00).
(2) Monitoring fee up to five hundred dollars ($500.00).
(3) Roadway easement up to two thousand dollars ($2,000.00) per acre; Use of existing Department road up to one thousand dollars ($1,000.00) per mile per year.
(4) Well site up to two thousand dollars ($2,000.00) per acre.
(5) Tank and batteries up to two thousand dollars ($2,000.00) per acre if separators and related production facilities are located at other that the well site; if at same location up to five hundred dollars ($500.00) per acre.
(6) Use of water - from lakes or ponds there is a minimum of one hundred dollars ($100.00) per day or two dollars ($2.00) per one thousand (1,000) gallons. Drilling of a water well will be up to one thousand dollars ($1,000.00).
(7) Pipelines shall be assessed based on a fifty (50) feet minimum width at up to two thousand dollars ($2,000.00) per acre of right of way for buried pipeline for gas or freshwater; five thousand dollars ($5,000.00) per acre of right of way for buried pipelines for oil or salt water. Above ground pipelines will not be allowed, except temporary fresh water lines during drilling or well servicing at up to five hundred dollars ($500.00) per mile.
(8) Seismograph work shall be assessed based on a twenty-five (25) feet minimum width at up to two thousand dollars ($2,000.00) per acre of land surveyed.
(9) Timber damage fees will be assessed in accordance with the actual type and number of trees damaged or removed. The expertise of state agency professionals in the appropriate field shall be utilized to assess the cost/fee associated with such damage.
(10) Other damages not specifically identified that may occur at a mineral exploration site shall be assessed based on the actual damage in the area. The expertise of state agency professionals in the appropriate field shall be utilized to assess the cost/fee associated with such damage.

Okla. Admin. Code § 725:30-23-5

Added at 20 Ok Reg 2645, eff 6-4-03 through 7-14-04 (emergency)1; Added at 22 Ok Reg 2659, eff 7-11-05
Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021
Amended by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2021
Amended by Oklahoma Register, Volume 41, Issue 23, August 15, 2024, eff. 11/1/2024
1This emergency action expired without being superseded by a permanent action. Upon expiration of an emergency action enacting a new Section, the Section is no longer effective. Therefore, on 7-15-04 (after the 7-14-04 expiration of this emergency action), Section 735:30-23-5 was no longer effective, and remained as such until added by permanent action on 7-11-05.