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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
Regular Session, 2012 ENROLLED
SENATE BILL NO. 525
BY SENATOR ALLAIN
AN ACT1
To enact R.S. 30:28(I), relative to drilling permits; to require notice to landowners affected2
by certain drilling operations; to provide terms, conditions, and requirements; and3
to provide for related matters.4
Be it enacted by the Legislature of Louisiana:5
Section 1. R.S. 30:28(I) is hereby enacted to read as follows: 6
ยง28. Drilling permits; issuance; fees; location plat; notice and hearing; funds from7
drilling permit fees8
* * *9
I.(1) The commissioner, in accordance with the Administrative10
Procedure Act, shall promulgate rules, regulations, and orders necessary to11
require an operator, agent, or assigns, to provide a single notice to the surface12
owner of lands on which drilling operations are to be conducted. For the13
purposes of this Subsection, such notice shall be referred to as the "pre-entry14
notice". The rules, regulations, and orders to be promulgated pursuant to this15
Subsection shall include the following:16
(a) The pre-entry notice shall be sent to the surface owner no less than17
thirty days prior to construction operations of a drilling location on the18
property by the operator for the purpose of commencing drilling operations on19
the well described in the pre-entry notice. Such notice shall be provided in the20
form required by the commissioner. No subsequent notice to the surface owner21
shall be required.22
ACT No. 795 SB NO. 525 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
(b) The pre-entry notice shall include the following:1
(i) The contact name, email address, and phone number for the2
operator.3
(ii) The proposed well name and pad location including section,4
township, range, and surface plat of the pad location, if available.5
(iii) A statement that operations will commence sometime later than6
thirty days after the date of the notice.7
(c) No pre-entry notice shall be required to be given to a surface owner8
who has a contractual relationship with the operator.9
(d) Upon application, the commissioner may, without notice or hearing,10
waive the pre-entry notice or reduce the thirty-day requirement for such notice11
in the event the thirty-day delay would result in the loss or termination of a12
mineral lease, or in the event of such other emergency circumstances as the13
commissioner may deem appropriate for such waiver.14
(e) No pre-entry notice shall be required for preparatory activities such15
as inspection, surveying, or staking, provided that nothing herein and nothing16
in the rules promulgated under the provisions of this Subsection shall be17
construed as altering or reducing the doctrine of correlative rights or altering18
or reducing the operator's obligation to conduct his operations with due regard19
for the rights of the surface owner.20
(f) No pre-entry notice shall be required to drill additional wells on an21
existing drilling pad on the property so long as the operator does not expand the22
drilling pad or access road.23
(g) Such other matters as the commissioner may deem necessary or24
appropriate to implement the one time pre-entry notice required by this25
Subsection.26
(2) A surface owner, for the purpose of this Subsection, shall mean the27
person or persons shown in the assessor's rolls of the parish as the owner of the28
surface rights for the land for which a pre-entry notification would be required.29
(3) After receipt of the pre-entry notice, the surface owner shall make no30 SB NO. 525 ENROLLED
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Coding: Words which are struck through are deletions from existing law;
words in boldface type and underscored are additions.
alterations to a completed drilling location with the malicious intent to interfere1
with the drilling operations for which the owner received the pre-entry notice.2
PRESIDENT OF THE SENATE
SPEAKER OF THE HOUSE OF REPRESENTATIVES
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED: