43 C.F.R. § 3162.5-2

Control of wells

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(a) Drilling wells. The operator shall take all necessary precautions to keep each well under control at all times, and shall utiliz and maintain materials and equipment necessary to insure the safety of operating conditions and procedures.

(b) Vertical drilling. The operator shall conduct drilling operations in a manner so that the completed well does not deviate significantly from the vertical without the prior written approval of the authorized officer. Significant deviation means a projected deviation of the well bore from the vertical of 10° or more, or a projected bottom hole location which could be less than 200 feet from the spacing unit or lease boundary. Any well which deviates more than 10° from the vertical or could result in a bottom hole location less than 200 feet from the spacing unit or lease boundary without prior written approval must be promptly reported to the authorized officer. In these cases, a directional survey is required.

(c) High pressure or loss of circulation. The operator shall take immediate steps and utilize necessary resources to maintain or restore control of any well in which the pressure equilibrium has become unbalanced.

(d) Protection of fresh water and other minerals. The operator shall isolate freshwater-bearing and other usable water containing 5,000 ppm or less of dissolved solids and other mineral-bearing formations and protect them from contamination. Tests and surveys of the effectiveness of such measures shall be conducted by the operator using procedures and practices approved or prescribed by the authorized officer.

[47 FR 47765, Oct. 27, 1982. Redesignated and amended at 48 FR 36583, Aug. 12, 1983, further amended at 53 FR 17363, May 16, 1988; 80 FR 16222, Mar. 26, 2015; 82 FR 61949, Dec. 29, 2017]

Notes of Decisions

Cited in 3 cases, 2009–2015 · leading case: New Mexico Ex Rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683 (10th Cir. 2009).

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New Mexico Ex Rel. Richardson v. Bureau of Land Mgmt., 565 F.3d 683 (10th Cir. 2009). “; see 43 C.F.R. § 3162.5-2 (d). Finally, the Draft EIS concluded that disposal wells, which are “used for the disposal of waste [by injection] into a subsurface stratum,” 40 C.”

Barlow & Haun, Inc. v. United States, 805 F.3d 1049 (Fed. Cir. 2015). “” Additionally, 43 C.F.R. § 3162.5-2 (a) states that a lease operator “shall utilize and maintain materials and equipment necessary to insure the safety of operating conditions and procedures.”

Wyoming v. United States Dep't of the Interior, 136 F. Supp. 3d 1317 (D. Wyo. 2015). “” 26 43 C.F.R. § 3162.5-2 (d). Under the 1982 rule, “fresh water” is defined to mean “water containing not more than 1,000 ppm of total dissolved solids [“TDS”]” or other toxic constituents.”

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