North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-02 - Subsurface Mineral Exploration and Development
Section 43-02-02-24.1 - Abandonment of wells - Suspension of drilling

1. The removal of production equipment or the failure to produce subsurface minerals, or the failure to produce water from the source well, for one year constitutes abandonment of the well. The removal of injection equipment or the failure to use an injection well for one year constitutes abandonment of the well. The failure to plug a stratigraphic testhole of reaching total depth within one year constitutes abandonment of the well. An abandoned well must be plugged and its site must be reclaimed pursuant to sections 43-02-02-24 and 43-02-02-24.2.

2. The director may waive the requirement to plug and reclaim an abandoned well for one year by giving the well temporarily abandoned status. This status may only be given to wells that are to be used for purposes related to the production of subsurface minerals. If a well is given temporarily abandoned status, the well's perforations must be isolated, the integrity of its casing must be proven, and its casing must be sealed at the surface, all in a manner approved by the director. The director may extend a well's temporarily abandoned status beyond one year. A fee of one hundred dollars shall be submitted for each application to extend the temporary abandonment status of any well.

3. In addition to the waiver in subsection 2, the director may also waive the duty to plug and reclaim an abandoned well for good cause as determined by the director. If the director exercises this discretion, the director shall set a date or circumstances upon which the waiver expires.

4. The director may approve suspension of the drilling of a well. If suspension is approved, a plug must be placed at the top of the casing to prevent any foreign matter from getting into the well. When drilling has been suspended for thirty days, the well, unless otherwise authorized by the director, must be plugged and its site reclaimed pursuant to sections 43-02-02-24 and 43-02-02-24.2.