47-316. PERMIT TO DRILL OR TREAT A WELL — FEES. (1) It shall be unlawful to commence operations for the drilling or treating of a well for oil and gas without first giving notice to the commission of intention to drill or treat and without first obtaining a permit from the commission under such rules and regulations as may be reasonably prescribed by the commission and by paying to the commission a filing and service fee as provided by this section.

(a) Any request for a permit or authorization as set forth in subsection (3)(a), (b), (c), (d), (e), (f), (g), (m), (n) or (o) of this section shall be made by application to the department of lands, and processed as provided in this section.

(b) The department shall notify the director of the department of water resources regarding applications for permits to drill or treat a well. The director of water resources shall have ten (10) business days from the date of receipt of such notification from the department of lands to recommend conditions he believes necessary to protect freshwater supplies.

(c) Applications submitted under this section, except those listed in subsection (3)(c) and (g) of this section, shall be posted on the department of lands’ website for ten (10) business days for a written comment period.

(d) The department of lands shall approve or deny applications in subsection (3)(a), (b), (c), (d), (f), (g), (m), (n) and (o) of this section in a timely and efficient manner. This time frame does not apply to permits submitted with an application processed under section 47-328, Idaho Code.

(e) The department’s decision made under this section may be appealed to the commission by the applicant pursuant to the procedure in section 47-328(4) through (6), Idaho Code.

(2) Upon issuance of any permit to drill or treat a well, a copy thereof, including any limitations, conditions, controls, rules or regulations attached thereto for the protection of freshwater supplies as required in section 47-315, Idaho Code, shall be forwarded to the director of the department of water resources.

(3) The department shall collect the following fees, which shall be remitted to the state treasurer for deposit in the oil and gas conservation fund and shall be used exclusively to pay the costs and expenses incurred in connection with the administration and enforcement of this chapter:

(a) Application for a permit to drill a well

(b) Application to deepen a well

(c) Application to plug and abandon a well, if not completed within one (1) year from issuance of permit to drill a well

(d) Application to treat a well, if separate from an application for a permit to drill a well

(e) Application to construct a pit, if separate from an application for a permit to drill a well

(f) Application to directionally drill a well, if separate from an application for a permit to drill a well

(g) Application for a recompletion, modified blow out prevention standards, using a vacuum for oil or gas recovery, removing casing, or multiple zone completion, if separate from an application for a permit to drill or plug and abandon a well

(h) Application for an exceptional well location, if separate from an application for a permit to drill a well

(i) Application to change the size, shape or location of a spacing unit

(j) Application to establish or amend a fieldwide spacing order

(k) Application for an integration order

(l) Application for a unitization order

(m) Application for a seismic operations permit covering less than twelve (12) miles of a 2-D survey

(n) Application for a seismic operations permit covering between twelve (12) miles and twenty-four (24) miles of a 2-D survey, or up to seventy-two (72) square miles of a 3-D survey

(o) Application for a seismic operations permit covering more than twenty-four (24) miles of a 2-D survey, or more than seventy-two (72) square miles of a 3-D survey

History:

[(47-316) 47-320, added 1963, ch. 148, sec. 6, p. 433; am. 1973, ch. 255, sec. 1, p. 506; am. 1974, ch. 17, sec. 31, p. 308; am. 2012, ch. 71, sec. 1, p. 207; am. 2015, ch. 65, sec. 1, p. 174; am. 2016, ch. 48, sec. 3, p. 132; am. 2017, ch. 121, sec. 1, p. 280; am. and redesig. 2017, ch. 271, sec. 9, p. 685; am. 2018, ch. 169, sec. 12, p. 360.]