Application for Permit to Drill, Deepen, Plug-Back, or Recomplete

PURPOSE: This rule provides for information needed for the permitting of drilling of new wells or reworking existing wells and establishes procedures for the determination of their locations (distances from unit lines, other producing wells, etc.), according to classifications of the well(s). It also establishes procedures to be followed by the state geologist in issuing or denying permits. (1) Prior to commencement of operations, application for a permit to drill, deepen, plugback, or recomplete any well shall be submitted to and approved by the state geologist. (2) The application for a permit to drill, deepen, plug-back, or recomplete shall be completed in full and submitted on a form provided by the department along with the applicable fee pursuant to 10 CSR 50-1.050. (3) Well location. (A) All applications shall include an accurate well location map showing the following: 1. Approximate location of the well within the section or quarter section; 2. Approximate distance to the nearest existing or proposed well; 3. Approximate distance to the nearest perceived spacing unit line or production unit line; 4. Names and addresses of the owners of the property on which the well is located; 5. A north arrow and a scale; and 6. For a horizontal well, the proposed location of the wellbore’s path and terminus. (B) The proposed well location shall be provided using latitude and longitude based on the North American Datum of 1983 (NAD 83) and expressed in the decimal form to the fifth place. Any well that is found to not meet the minimum location requirements upon completion may be ordered to be plugged by the state geologist. (C) A drilling location may be moved up to fifty feet (50') from the approved location, if the new location does not violate spacing or setback requirements, without filing a revised permit application. Such changed location shall be noted on the well completion report. (4) Seismic shot holes. Seismic operations shall not initiate new fractures or propagate existing fractures in the confining strata of underground sources of drinking water. (5) Blanket permits to drill, deepen, plugback, or recomplete. (A) An operator engaged in drilling wells to depths no greater than one thousand five hundred feet (1500') may request that the state geologist approve prospective well locations on a blanket basis. The applicable fee pursuant to 10 CSR 50-1.050(1)(C)3. shall be submitted with the request. Bonding must be in place for all proposed wells in the blanket request. The request shall be accompanied by a plat of the entire production unit that— 1. Indicates the unit boundaries, the location of, and identifying by number, all wells which have been drilled or are proposed; 2. Uses appropriate symbols to distinguish between them; and 3. Conforms to the requirements specified in section (3) of this rule. (B) In the event the state geologist approves the blanket requests, the approved locations may be drilled in the operator’s order of preference. Locations of stratigraphic test wells may be moved within the established production unit at the operator’s discretion. A permit application and applicable fee pursuant to 10 CSR 50-1.050(1)(C)1. for each well commenced shall be sent to the state geologist within twenty-four (24) hours, or the next business day, after the commencement of drilling of each well. (6) Upon application for a permit to drill, deepen, plug-back, or recomplete, the state geologist will review the application and, within fifteen (15) business days, determine if the application is in proper form and if the requirements of Chapter 259, RSMo, and implementing regulations are met. If the application is incomplete or lacking information, forms, or fees, the state geologist will notify the operator and suspend the application process. When the missing form, information, or fee is submitted by the operator and received by the state geologist, the fifteen (15) business day review period will begin anew. If the state geologist has not received the missing or incomplete application information or fee within thirty (30) days after notification of the operator, the application will be considered null and void and the operator must reapply by submitting a new application for a permit to drill, deepen, plugback, or recomplete, along with the associated fee. (A) If the state geologist finds that the application is in good form, that all requirements of the application have been met, and that Chapter 259, RSMo, and implementing regulations are being met, the state geologist will issue the permit. (B) If the state geologist determines either that the application is not in proper form, that the operator failed to submit the applicable fees, or that Chapter 259, RSMo, and implementing regulations are not being met, the permit will be denied. (C) If the state geologist finds that the drilling of a well at the proposed site would be an undue risk to the surface or subsurface environment, the state geologist shall deny the permit. (D) If the state geologist determines that the operator is in violation of any provision of Chapter 259, RSMo, or implementing regulations, the state geologist may deny the permit. (7) Permits for drilling wells are not in any way transferable; however, any open well or the authority to inject for existing wells may be transferred to another operator according to 10 CSR 50-2.010(6). (8) Permits to drill, deepen, plug-back, or recomplete a single well are valid for one (1) calendar year after date of approval. If the operator opts not to drill the well, a notice to cancel well permit application shall be submitted to the state geologist no later than thirty (30) calendar days following the end of the one- (1-) year permitted period. (9) Prior to any change or modification of a permit, or any change in the operation of a well subject to these regulations, the operator shall notify the state geologist, identifying the well name, location, the proposed change, and a full explanation of the nature of the change. An appropriately revised permit application or application for permit for well recompletion along with the applicable fee pursuant to 10 CSR 50-1.050 shall be submitted to the state geologist for approval, except as provided in subsection (3)(C). No modification or change in operation may begin until the state geologist has reviewed and approved the revised application. The state geologist will review and respond to the notification within fifteen (15) business days. The review period will be suspended if additional information is necessary to effectively review the application. When the missing form or information is submitted by the operator and received by the state geologist, the fifteen (15) business day review period will begin anew. (10) The well name and number entered on the permit application will be permanently assigned to the well and no changes will be approved to this information in the event of well or mineral interest transfers. AUTHORITY: sections 259.060, 259.070, 259.080, and 259.140, RSMo 2016.* Original rule filed Oct. 11, 1966, effective Oct. 21, 1966. Amended: Filed Sept. 12, 1973, effective Sept. 22, 1973. Amended: Filed Dec. 12, 1975, effective Dec. 22, 1975. Amended: Filed Sept. 12, 1978, effective Feb. 1, 1979. Amended: Filed Oct. 14, 1981, effective Feb. 11, 1982. Amended: Filed Dec. 15, 1986, effective April 11, 1987. Amended: Filed Sept. 15, 2006, effective April 30, 2007. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 27, 2018, effective Feb. 28, 2019. *Original authority: 259.060, RSMo 1965, amended 1972; 259.070, RSMo 1965, amended 1972, 1983, 1987, 1993, 1995, 2012, 2015; 259.080, RSMo 1965, amended 1972, 2015; and 259.140, RSMo 1965.