Washington oil and gas laws can be found in Chapter 78.52, Title 78 of Revised Code of Washington. Pursuant to Rev. Code Wash. (ARCW) § 78.52.130, waste of oil and gas is prohibited. Pursuant to Rev. Code Wash. (ARCW) § 78.52.001, the purpose of the statute is to foster, encourage, and promote the exploration, development, production, and utilization of oil and gas in the state to prevent waste.
Powers and Jurisdiction of the Department
Pursuant to Rev. Code Wash. (ARCW) § 78.52.040, the department will administer and enforce the provisions of the statute by the adoption of policies, and all rules, regulations, and orders promulgated and the department has jurisdiction, power, and authority, over all persons and property, public and private, necessary to enforce effectively such duty.
Pursuant to Rev. Code Wash. (ARCW) § 78.52.155, the department requires:
- Identification of ownership of oil or gas wells, producing leases, tanks, plants, structures, and facilities for the transportation or refining of oil or gas;
- The making and filing of well logs, core samples, directional surveys, and reports on well locations, drilling, and production;
- The testing of oil and gas wells;
- The drilling, casing, operating, and plugging of wells in such a manner as to prevent the escape of oil or gas out of the casings, or out of one pool into another, the intrusion of water into an oil or gas pool, and the pollution of freshwater supplies by oil, gas, or saltwater and to prevent blowouts, cavings, see pages, and fires;
- The furnishing of adequate security acceptable to the department, conditioned on the performance of the duty to plug each dry or abandoned well, the duty to reclaim and clean-up well drilling sites, the duty to repair wells causing waste, the duty to comply with all applicable laws and rules adopted by the department, orders of the department, all permit conditions;
- The operation of wells with efficient gas-oil and water-oil ratios and may fix these ratios and limit production from wells with inefficient gas-oil or water-oil ratios;
- The production of oil and gas from wells be accurately measured by means and upon standards prescribed by the department, and that every person who produces, sells, purchases, acquires, stores, transports, treats, or processes oil or gas in this state keeps and maintains for a period of five years within the state complete and accurate records thereof, which records shall be available for examination by the department or its agents at all reasonable times, and that every person file with the department such reports as it may prescribe with respect to the oil or gas.
Regulations
Pursuant to Rev. Code Wash. (ARCW) § 78.52.155(3), the department regulates:
- The drilling, producing, locating, spacing, and plugging of wells and all other operations for the production of oil or gas;
- The physical, mechanical, and chemical treatment of wells, and the perforation of wells;
- Operations to increase ultimate recovery such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into producing formations;
- Disposal of saltwater and oil field brines;
- The storage, processing, and treatment of natural gas and oil produced within this state; and
- Reclamation and clean-up of all well sites and any areas directly affected by the drilling, production, operation, and plugging of oil and gas wells.
- The department also limits and prorates oil and gas produced in the state and may restrict future production of oil and gas from any pool in such amounts as will offset and compensate for any production determined by the department to be in excess of or in violation of “oil allowable” or “gas allowable.”
- The department classifies wells as oil or gas wells for purposes material to the interpretation or enforcement of this chapter.
- The department regulates oil and gas exploration and drilling activities so as to prevent or remedy unreasonable or excessive waste or surface destruction.
Appeals
Pursuant to Rev. Code Wash. (ARCW) § 78.52.480, in proceedings for review of an order or decision of the department, the department will be a party to the proceedings and will have all rights and privileges granted by the statute to any other party to such proceedings.
Civil Actions
Pursuant to Rev. Code Wash. (ARCW) § 78.52.530, whenever it appears that any person is violating any provisions, or any rule, regulation, or order made by the department and if the department cannot effectively prevent further violation, the department may bring suit in the name of the state against such person in the superior court in the county of the residence of the defendant, or in the county of the residence of any defendant if there be more than one defendant, or in the county where the violation is alleged to have occurred, to restrain such person from continuing such violation. In such suit, the department may without bond obtain injunctions prohibitory and mandatory, including temporary restraining orders and preliminary injunctions, as the facts may warrant.
Pursuant to Rev. Code Wash. (ARCW) § 78.52.540, if the department fails to bring suit within thirty days to enjoin any apparent violation of the statute, or of any rule, regulation, or order made by the department, then any person or party in interest adversely affected by such violation, who has requested the department in writing to sue, may, to prevent any or further violation, bring suit for that purpose in the superior court of any county where the department could have instituted such suit.
If, in such suit, the court holds that injunctive relief must be granted, then the state will be made a party and will be substituted for the person who brought the suit, and the injunction will be issued as if the state had at all times been the complainant.
Penalties
Pursuant to Rev. Code Wash. (ARCW) § 78.52.550, every person who violates or knowingly aids and abets the violation of the statute or any valid orders, rules and regulations issued or who fails to perform any act which is herein made his/her duty to perform, will be guilty of a gross misdemeanor.
