Oklahoma Statutes

Okla. Stat. tit. 52, § 86.3 (2026)

Waste of gas - Meaning - Prevention - Prohibition -

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Protection of fresh water and oil or gas bearing strata. The term "waste", as applied to gas, in addition to its ordinary meaning, shall include the inefficient or wasteful utilization of gas in the operation of oil wells drilled to and producing from a common source of supply; the inefficient or wasteful utilization of gas from gas wells drilled to and producing from a common source of supply; the production of gas in such quantities or in such manner as unreasonably to reduce reservoir pressure or unreasonably to diminish the quantity of oil or gas that might be recovered from a common source of supply; the escape, directly or indirectly, of gas from oil wells producing from a common source of supply into the open air in excess of the amount necessary in the efficient drilling, completion or operation thereof; waste incident to the production of natural gas in excess of transportation and marketing facilities or reasonable market demand; the escape, blowing or releasing, directly or indirectly, into the open air, of gas from wells productive of gas only, drilled into any common source of supply, save only such as is necessary in the efficient drilling and completion thereof; and the unnecessary depletion or inefficient utilization of gas energy contained in a common source of supply. In order to prevent the waste or to reduce the dissipation of gas energy contained in a common source of supply, in addition to its other powers in respect thereof, the Commission shall have the authority to limit the production of gas from wells producing gas only to a percentage of the capacity of such wells to produce. The production of gas in the State of Oklahoma in such manner and under such conditions as to constitute waste as in this act defined is hereby prohibited, and the Commission shall have authority and is charged with the duty to make rules, regulations, and orders for the prevention of such waste and for the protection of all freshwater strata and oil- or gas-bearing strata encountered in any well drilled for gas. Added by Laws 1947, p. 327, § 3, emerg. eff. April 29, 1947.

Notes of Decisions
Cited in 9 cases, 1956–1995 · leading case: Golsen v. ONG W., Inc., 756 P.2d 1209 (Okla. 1988).
Golsen v. ONG W., Inc., 756 P.2d 1209 (Okla. 1988). · cites it 3× “The trial court also concluded that production from the well, which is taken here to mean gas produced from the Fox well and purchased from plaintiffs, in excess of the volume that was actually taken would have been in excess of market demand, would have been legally prohibited…”
Kuykendall v. Corp. Comm'n, 634 P.2d 711 (Okla. 1981). · cites it 2× “Our own legislature has defined it, as it pertains to gas, as: 52 O.S.1971 § 86.3 “The term ‘waste’, as applied to gas, in addition to its ordinary meaning, shall include the inefficient or wasteful utilization of gas in the operation of oil wells drilled to and producing from a…”
Sabine Corp. v. ONG W., Inc., 725 F. Supp. 1157 (W.D. Okla. 1989). “d Complaint, ONG asserts upon information and belief that production by Plaintiff and delivery to ONG of volumes of gas in excess of those volumes of gas actually taken during the 1982 through 1987 contract years “would have resulted in the production of natural gas in excess of…”
Fisher v. Grace Petroleum Corp., 830 P.2d 1380 (Okla. Civ. App. 1991). “52 O.S.1981, § 86.3. However, there is no Oklahoma case law expressly authorizing royalty owners to assume ownership of the borehole or casing of a well which has been judicially determined to have expired for failure to produce in paying quantities.”
Storck v. Cities Serv. Gas Co., 575 P.2d 1364 (Okla. 1978). “52 O.S.1971 § 86.3. Waste can consist of unreasonable production or unreasonable non-production.”
Fransen v. Conoco, Inc., 64 F.3d 1481 (10th Cir. 1995). “See Okla.Stat.Ann. tit. 52, § 86.3 (1991). See also id.”
Application of Bennett, 353 P.2d 114 (Okla. 1960). “It is provided in 52 O.S.1951 § 86.3 that “The Commission shall have the authority to limit the production of gas from wells producing gas only to a percentage of the capacity of such wells to produce.”
Application of Champlin Refining Co., 296 P.2d 176 (Okla. 1956). ““Waste” is defined by statute, 52 O.S.1951 § 86.3, as “inefficient or wasteful utilization” of gas from a common source of supply; production in such quantities or in such manner as tó unreasonábly reduce reservoir pressure or diminish supply, or waste incident to production,…”
Osborn v. Texas Oil & Gas Corp., 661 P.2d 71 (Okla. Civ. App. 1982). “52 O.S.1981 §§ 86.3, 236-38. Neither the royalty owners, Floyd and Karen Hampsten, nor the lessee, Texas Oil & Gas, nor the commission challenge this law but contend we are required to affirm subject order because it “is supported by substantial evidence.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.