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ND HB1440

Bill

Status

Introduced

1/14/2019

Primary Sponsor

Terry Jones

Click for details

Origin

House of Representatives

66th Legislative Assembly

AI Summary

  • Amends North Dakota Century Code section 38-11.1-06 to protect water supplies of property owners within one-half mile of geophysical activities or one mile of oil and gas well sites from disruption caused by drilling operations.

  • Entitles property owners to recover costs of repairs and alterations to restore water quality and quantity if a certified water test was performed within one year before drilling commenced.

  • Requires mineral developers to obtain soil samples at least 30 days before construction of well sites, tank batteries, roads, or pipelines and have them analyzed for multiple chemical properties including chloride, sodium, and pH levels.

  • Mandates mineral developers conduct an inventory of water wells within one mile of proposed activities and test water quality and flow rates using certified laboratories within one year before drilling operations begin.

  • Establishes a six-year statute of limitations for claims and clarifies that property owners can sue for damages from contaminated water drainage and negligence, except when water appropriators can reasonably acquire water under changed legal conditions.

Legislative Description

The protection of groundwater and other responsibilities of a mineral developer.

Last Action

Second reading, failed to pass, yeas 13 nays 80

1/29/2019

Committee Referrals

Energy and Natural Resources1/14/2019

Full Bill Text

No bill text available