HB1266 - Well Site Reclamation and Bond Release

• Bonds for plugging wells or reclaiming well sites cannot be released until three complete growing seasons have passed to evaluate if plant growth is normal, with the first growing season beginning when the operator notifies the surface owner before March 15th.

• The oil and gas division must provide forms for surface owners or tenants to report improper vegetation growth, and upon receipt of a report must inspect the property with a qualified individual to determine if vegetation is growing normally.

• If vegetation is not growing normally, the qualified individual must determine the cause and prepare a written restoration plan using previously planted vegetation when possible, with the operator bearing all implementation costs.

• Bonds cannot be released until the operator pays damages to the surface owner and tenant for loss in production or rent, as elected by the entitled party.

• Surface owners and tenants who fail to notify the division of abnormal vegetation growth within specified timeframes waive their right to seek redress and the bond must be released; operators bear the burden of proof if abnormal growth is caused by preexisting salt contamination.