Idaho Admin. Code r. 20.03.16.010

Current through September 2, 2024

Section 20.03.16.010 - DEFINITIONS

01.Board. The Idaho State Board of Land Commissioners or its authorized representative, or where appropriate, the state of Idaho.

02.Commission. The Idaho Oil and Gas Conservation Commission.

03.Collateral Surety Bond and Corporate Surety Bond. See Subsections 080.04.a. and 080.04.b.

04.Department. The Idaho Department of Lands.

05.Director. The Director of the Idaho Department of Lands or his authorized representative.

06.Discretion. Exercising authority to make a decision, choice or judgment without being arbitrary, capricious or illegal.

07.Exploration. Activities related to the various geological and geophysical methods used to detect and determine the existence and extent of hydrocarbon deposits.

08.Final Board Approval. Approval of a lease occurs after the lease is signed by the Governor, the Secretary of State and the Director on behalf of the Board after approval of the lease by a majority of the Board. All approved leases must first be signed by the Lessee and then by the above-entitled state officials.

09.Lease. A written agreement between the Department and a person containing the terms and conditions upon which the Person will be authorized to use state lands.

10.Legal Subdivision. See Subsection 071.04.

11.Lessee. The person to whom a lease has been issued and his successor in interest or assignee(s). More than one (1) person may be entered as an applicant on the application form but only one (1) person shall be designated in the application for lease or assignment as the lessee of record with sole responsibility for the lease under these rules.

12.Lessor. The Board on behalf of the state of Idaho.

13.Motorized Exploration Equipment. The equipment used in exploration that may appreciably disturb or damage the land or resources thereon as defined in Section 47-703(a), Idaho Code.

14.Natural Gas Plant Liquids. Hydrocarbon compounds in raw gas that are separated as liquids at gas processing plants, fractionating plants, and cycling plants. Includes ethane, liquefied petroleum gases (propane and the butanes), and pentanes plus any heavier hydrocarbon compounds. Component products may be fractionated or mixed.

15.Oil and Gas. Oil and gas means oil or gas, or both.

16.Person.

a. An individual of legal age;

b. Any firm, association or corporation that is qualified to do business in the state of Idaho;

c. Or any public agency or governmental unit, including without limitation, municipalities.

17.Production in Paying Quantities. That gross income from oil and/or gas produced and saved (after deduction of taxes and royalty) that exceeds the cost of operation.

18.State Lands. Lands, including the beds of navigable waters within Idaho in which the title to mineral rights is owned by the state of Idaho, that are under the jurisdiction and control of the Board or any other state agency.

19.Tract. An expanse of land representing the surface expression of the underlying mineral estate, which includes oil and gas rights owned by the State, that:

a. May be identified by its public land survey system of rectangular surveys that subdivides and describes land in the United States in the public domain and is regulated by the U.S. Department of the Interior, Bureau of Land Management;

b. Is of no particular size;

c. Is a maximum size of six hundred forty (640) acres or one section, unless otherwise determined by the Director;

d. May be irregular in form;

e. Is contiguous;

f. May lie in more than one township or one section;

g. May have a boundary defined entirely or in part by natural monuments such as streams, divides, or straight lines connecting prominent features of topography;

h. May include the mineral estate beneath navigable waters of the State; and

i. May be combined with other tracts to form a lease.

Idaho Admin. Code r. 20.03.16.010

Effective March 18, 2022