38-15-02. Definitions
As used in this chapter, unless the context otherwise requires:
1. "Coal" means all kinds of coal, and includes what is known as lignite coal, unless a
contrary intention plainly appears.
2. "Commercial leonardite" means a dark-colored, soft, earthy rock formed from the
oxidation of lignite coal, and is produced from a mine that has as its only function for
supply for purposes other than gasification or combustion to generate electricity.
3. "Commission" means the industrial commission.
4. "Conflicting interests" means those interests of producers which are in conflict, so that
full production and utilization by one producer is prohibited or impeded by the interests
of another producer of a separate natural resource.
5. "Gas" means all natural gas and other fluid hydrocarbons not hereinbelow defined as
oil.
6. "Natural resources" means coal, oil, gas, and subsurface minerals as defined herein.
7. "Oil" means crude petroleum oil and other hydrocarbons, regardless of gravity, which
are produced at the wellhead in liquid form, and the liquid hydrocarbons known as
distillate or condensate recovered or extracted from gas other than gas produced in
association with oil and commonly known as casinghead gas.
8. "Owner" means the person who has the right to produce natural resources either for
that person or others.
9. "Person" means any natural person, corporation, limited liability company, association,
partnership, receiver, trustee, executor, administrator, guardian, fiduciary, or other
representative of any kind, and includes any department, agency, instrumentality, or
political subdivision of the state. The masculine gender, in referring to a person,
includes the feminine and the neuter genders.
10. "Producer" means the owner of a well or wells, or mine or mines, capable of producing
coal, commercial leonardite, oil, gas, or subsurface minerals.
11. "Subsurface minerals" means all naturally occurring elements and their compounds,
volcanic ash, precious metals, carbonates, and natural mineral salts of boron,
bromine, calcium, fluorine, iodine, lithium, magnesium, phosphorus, potassium,
sodium, thorium, uranium, and sulfur, and their compounds but does not include sand
and gravel and rocks crushed for sand and gravel.
12. "Waste" means the inefficient utilization of reserves of oil, gas, subsurface minerals,
coal, or commercial leonardite, as the case may be.
