North Dakota Administrative Code
Title 43 - Industrial Commission
Article 43-02 - Mineral Exploration and Development
Chapter 43-02-10 - Certification of Secondary and Tertiary Recovery Projects - Determination of Incremental Production
Section 43-02-10-05 - Commission certification of tertiary recovery project

1. Whether the tertiary recovery project meets the requirements of the tertiary recovery methods specified in subsection 6 of North Dakota Century Code section 57-51.1-01;

2. The amount of crude oil which would have been recovered from the unit source of supply if the tertiary recovery project had not been commenced;

3. Whether the tertiary recovery project has achieved for at least one month an average production level of at least fifteen percent above the amount of production which would have been recovered from the unit source of supply (as determined in subsection 2) if the tertiary recovery project had not been commenced; and

4. Whether, for the purposes of the tax exemption, there has been incremental production.

The commission shall, upon application or its own motion, have a hearing to determine whether the project operator continues to operate the unit as a qualifying tertiary recovery project.