Mississippi Code

Miss. Code Ann. § 53-1-1 (2026)

Declaration of policy

✓ current as of July 2026

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It is hereby declared to be in the public interests to foster, encourage and promote the development, production and utilization of the natural resources of oil and gas in the State of Mississippi; and to protect the public and private interests against the evils of waste in the production and utilization of oil and gas, by prohibiting waste as herein defined; to safeguard, protect and enforce the coequal and correlative rights of owners in a common source or pool of oil and gas to the end that each such owner in a common pool or source of supply of oil and gas may obtain his just and equitable share of production therefrom; and to obtain, as soon as practicable, consistent with the prohibition of waste, the full development by progressive drilling of other wells in all producing pools of oil and gas or of all pools which may hereafter be brought into production of such, within the state, until such pool is fully defined.

It is not the intent nor the purpose of this law to require or permit the proration or distribution of the production of oil and gas among the fields and pools of Mississippi, on the basis of market demand. It is the intent and purpose of this law to permit each and every oil and gas pool in Mississippi to be produced up to its maximum efficient rate of production, subject to the prohibition of waste as herein defined, and subject further to the enforcement and protection of the coequal and correlative rights of the owners of a common source of oil and gas, so that each common owner may obtain his just and equitable share of production therefrom.

Codes, 1942, § 6132-01; Laws, 1948, ch. 256, § 1; reenacted without change, Laws, 1982, ch. 485, § 1; reenacted, Laws, 1990, ch. 357, § 1; reenacted without change, Laws, 1991, ch. 340, § 1, eff. 3/11/1991.

Notes of Decisions

Cited in 10 cases, 1984–2014 · leading case: Transcontinental Gas Pipe Line Corp. v. State Oil & Gas Bd., 474 U.S. 409 (1986).

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Transcontinental Gas Pipe Line Corp. v. State Oil & Gas Bd., 474 U.S. 409 (1986). · cites it 2× “, Miss. Code Ann. § 53-1-1 (1972 and Supp. 1985).”

Transcontinental Gas Pipeline Corp. v. State Oil & Gas Bd., 457 So. 2d 1298 (Miss. 1984). · cites it 2× “Laws of 1948, Chapter 256, and now codified as amended as Miss. Code Ann. § 53-1-1 , et seq., (Supp.”

McGowan v. Miss. State Oil & Gas Bd., 604 So. 2d 312 (Miss. 1992). “Miss. Code Ann. § 53-1-1 (1972). Employing the sovereign prerogative, the legislature has defined "waste" and has brought within "waste," inter alia, the .”

Chevron USA, Inc. v. Smith, 844 So. 2d 1145 (Miss. 2002). “The Smiths have an option to pursue cleanup under our oil and gas statutes, see Miss.Code Ann. §§ 53-1-1 to -207 (1999), and while this is the preferred route to take, the decision to seek cleanup through the Board is not dispositive of the suit for damages in this case.”

Citizens Ass'n for Responsible Dev., Inc. v. Conrad Yelvington Distributors, Inc., 859 So. 2d 361 (Miss. 2003). “The record below is clear that the Board of Supervisors and HCDC adequately considered the complaints and concerns of CARD as well as other members of the community. The Board allowed CARD members to present their concerns and objections at three meetings.”

Delphi Oil, Inc. v. Forrest Cnty. Bd. of Supervisors, 114 So. 3d 719 (Miss. 2013). “Miss.Code Ann. § 53-1-1 (Rev.2003). The OGB’s powers and duties are listed in Section 53-1-17, which states, in part, that “[t]he board shall have jurisdiction and authority over all persons and property necessary to enforce effectively the provisions of this chapter and all…”

Stack v. Tenneco, Inc., 641 F. Supp. 199 (S.D. Miss. 1986). “The court is of the opinion that the existing condition of the new well does not constitute "waste” within the meaning of Miss.Code Ann. §§ 53-1-1 and 53 — 1—3(k).”

Citizens Ass'n for Responsible Dev. v. Conrad Yelvington Distributors, Inc. (Miss. 2002). “The denial of the permit in McGowan was reviewed by the Court in light of the statutory responsibility imposed upon the Oil and Gas Board in Miss. Code Ann. §§53-1-1 , 53-1-3 and 53-1-17 (1972).”

Tellus Operating Grp., LLC v. Maxwell Energy, Inc., 156 So. 3d 333 (Miss. Ct. App. 2014). “Miss.Code Ann. §§ 53-1-1, 53-3-5, 53-3-7(1)(a) (Rev.”

Chevron U.S.A. Inc. v. Alcus Smith (Miss. 1999). “§§ 53-1-1 to -207 (1999), and while this is the preferred route to take, the decision to seek cleanup through the Board is not dispositive of the suit for damages in this case. The majority overlooks that Donald also allows the recovery of special damages.”

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