Wyoming Statutes
Wyo. Stat. § 30-5-101 (2026)
Definitions.
✓ current as of May 2026
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(a) As used in this act unless the context otherwise
requires:
(i) The term "waste" means and includes:
(A) Physical waste, as that term is generally
understood in the oil and gas industry;
(B) The inefficient, excessive or improper use,
or the unnecessary dissipation of, reservoir energy;
(C) The inefficient storing of oil or gas;
(D) The locating, drilling, equipping,
operating, or producing of any oil or gas well in a manner that
causes, or tends to cause, reduction in the quantity of oil or
gas ultimately recoverable from a pool under prudent and proper
operations, or that causes or tends to cause unnecessary or
excessive surface loss or destruction of oil or gas;
(E) The production of oil or gas in excess of
(I) transportation or storage facilities; (II) the amount
reasonably required to be produced in the proper drilling,
completing, or testing of the well from which it is produced, or
oil or gas otherwise usefully utilized: except gas produced from
an oil well pending the time when with reasonable diligence the
gas can be sold or otherwise usefully utilized on terms and
conditions that are just and reasonable;
(F) Underground or aboveground waste in the
production or storage of oil, gas, or condensate, however
caused, and whether or not defined in other subdivisions hereof;
(G) The flaring of gas from gas wells except
that necessary for the drilling, completing or testing of the
well; and
(H) The drilling of any well not in conformance
to a well density and spacing program fixed by the commission or
other agency, state or federal, as to any field or pool during a
national emergency when casing or other materials necessary to
the drilling and operation of wells are rationed or in short
supply.
(ii) "Commission" means the Wyoming oil and gas
conservation commission herein created to carry out the
provisions of this act;
(iii) The word "pool" shall mean an underground
reservoir containing a common accumulation of oil or gas, or
both. Each zone of a general structure, which zone is completely
separated from any other zone in the structure, is covered by
the word "pool" as used herein;
(iv) "Person" means and includes any natural person,
corporation, association, partnership, receiver, trustee,
executor, administrator, guardian, fiduciary, or other
representative of any kind, and includes any department, agency,
or instrumentality of the state or of any governmental
subdivision thereof; the masculine gender, in referring to a
person, includes the feminine and the neuter genders;
(v) "Owner" means the person who has the right to
drill into and produce from a pool and to appropriate the oil or
gas he produces therefrom either for himself or others or for
himself and others;
(vi) "Producer" means the owner of a well or wells
capable of producing oil or gas or both;
(vii) The word "oil" shall mean crude petroleum oil
and any other hydrocarbons, regardless of gravities, which are
produced at the well in liquid form by ordinary production
methods, and which are not the result of condensation of gas
before or after it leaves the reservoir. The word "gas" shall
mean all natural gases and all hydrocarbons not defined herein
as oil;
(viii) The word "and" includes the word "or," and the
use of the word "or" includes the word "and." The use of the
plural includes the singular, and the use of the singular
includes the plural;
(ix) "Correlative rights" shall mean the opportunity
afforded the owner of each property in a pool to produce, so far
as it is reasonably practicable to do so without waste, his just
and equitable share of the oil or gas, or both, in the pool;
(x) The term "surety bond or other guaranty" means a
surety bond, a first priority security interest in a deposit of
the proceeds of a collected cashier's check, a first priority
security interest in a certificate of deposit or an irrevocable
letter of credit, all in an amount and including other terms,
conditions and requirements determined by the commission.Notes of Decisions
Cited in 13
cases (1 in the last 5 years), 1982–2024 · leading case: Exaro Energy Iii, Llc v. Wyoming Oil & Gas Conservation Comm'n & Jonah Energy, Llc, 2020 WY 8 (Wyo. 2020).
Exaro Energy Iii, Llc v. Wyoming Oil & Gas Conservation Comm'n & Jonah Energy, Llc, 2020 WY 8 (Wyo. 2020). “upon such terms and conditions as the commission may determine, upon the commission’s own motion or upon application of any interested person and after notice and hearing as provided by chapter 6, Wyoming Statutes 1957 [§§ 30-5-101 through 30-5- 204], as amended, and by the…”
Union Pac. Resources Co. v. Texaco, Inc., 882 P.2d 212 (Wyo. 1994). “In 1951, the legislature enacted the Oil and Gas Conservation Act, Wyo.Stat. §§ 30-5-101 to 30-5-104 and §§ 30-5-108 to 30-5-119 (1983 & Cum.”
Gulf Oil Corp. v. Wyoming Oil & Gas Conservation Comm'n, 693 P.2d 227 (Wyo. 1985). “The area of interest on the part of the Commission is defined in § 30-5-101 et seq., W.S. 1977. The entire thrust of the act is to prohibit "[t]he waste of oil and gas or either of them * * * as in this act defined" § 30-5-102(a), W.”
Big Piney Oil & Gas Co. v. Wyoming Oil & Gas Conservation Comm'n, 715 P.2d 557 (Wyo. 1986). “1977 (June 1983 Replacement), provides: “ ‘Correlative rights’ shall mean the opportunity afforded the owner of each property in a pool to produce, so far as it is reasonably practicable to do so without waste, his just and equitable share of the oil or gas, or both, in the pool.”
Moncrief v. Harvey, 816 P.2d 97 (Wyo. 1991). “The Oil and Gas Conservation Statute Texaco argues that holding for Harvey in this case violates the conservation policy of the State of Wyoming and specifically contravenes the policies inherent in the Wyoming Oil and Gas Conservation Statute, W.S. 30-5-101, et seq. Our…”
Gilmore v. Oil & Gas Conservation Comm'n, 642 P.2d 773 (Wyo. 1982). “” Waste is defined in § 30-5-101(a)(i), W.S.1977, as: “(B) The inefficient, excessive or improper use, or the unnecessary dissipation of, reservoir energy; * * * * * * “(D) The locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes,…”
Kerr-McGee Corp. v. Wyoming Oil & Gas Conservation Comm'n, 903 P.2d 537 (Wyo. 1995). “The act creating the Wyoming Oil and Gas Conservation Commission as it now exists, and delineating its powers and duties, is found in Wyo.Stat. §§ 30-5-101 to -126 (1983 and Supp.”
Majority of the Working Interest Owners in the Buck Draw Field Area v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1070 (Wyo. 1986). “” In its conclusions of law, the commission determined that further primary production would cause waste as that term is defined in subsections (B) and (D) of § 30-5-101(a)(i), W.S.1977. Under subsection (B) waste is “[t]he inefficient, excessive or improper use, or the…”
Anschutz Corp. v. Wyoming Oil & Gas Conservation Comm'n, 923 P.2d 751 (Wyo. 1996). “DISCUSSION “In 1951, the legislature enacted the Oil and Gas Conservation Act, Wyo. Stat. §§ 30-5-101 to 30-5-104 and §§ 30-5-108 to 30-5-119 (1983 & Cum.”
Trout v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1047 (Wyo. 1986). “” Correlative rights are defined by § 30-5-101(a)(ix), W.S.1977 (June 1983 Replacement), as “ * * * the opportunity afforded the owner of each property in a pool to produce, so far as it is reasonably practicable to do so without waste, his just and equitable share of the oil or…”
Exxon Mobil Corp. v. Wyoming Oil & Gas Conservation Comm'n & Denbury Onshore, LLC, 2013 WY 32 (Wyo. 2013). “ise usefully utilized: except gas produced from an oil well pending the time when with reasonable diligence the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable; (F) Underground or aboveground waste in the production or storage…”
Moncrief v. Wyoming Oil & Gas Conservation Comm'n, 981 P.2d 913 (Wyo. 1999). “Whether under the provisions of the Wyoming Oil and Gas Conservation Commission Act, Wyo. Stat. Ann. § 30-5-101 et seq., the Decision is in excess of statutory and regulatory jurisdiction, contrary to law, lacking in statutory right, arbitrary, capricious, an abuse of discretion…”
— Wyo. Stat. § 30-5-101(a) — 1 case
Gulf Oil Corp. v. Wyoming Oil & Gas Conservation Comm'n, 693 P.2d 227 (Wyo. 1985). “The area of interest on the part of the Commission is defined in § 30-5-101 et seq., W.S. 1977. The entire thrust of the act is to prohibit "[t]he waste of oil and gas or either of them * * * as in this act defined" § 30-5-102(a), W.”
— Wyo. Stat. § 30-5-101(a)(i) — 3 cases
Gilmore v. Oil & Gas Conservation Comm'n, 642 P.2d 773 (Wyo. 1982). “” Waste is defined in § 30-5-101(a)(i), W.S.1977, as: “(B) The inefficient, excessive or improper use, or the unnecessary dissipation of, reservoir energy; * * * * * * “(D) The locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes,…”
Majority of the Working Interest Owners in the Buck Draw Field Area v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1070 (Wyo. 1986). “” In its conclusions of law, the commission determined that further primary production would cause waste as that term is defined in subsections (B) and (D) of § 30-5-101(a)(i), W.S.1977. Under subsection (B) waste is “[t]he inefficient, excessive or improper use, or the…”
Exxon Mobil Corp. v. Wyoming Oil & Gas Conservation Comm'n & Denbury Onshore, LLC, 2013 WY 32 (Wyo. 2013). “ise usefully utilized: except gas produced from an oil well pending the time when with reasonable diligence the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable; (F) Underground or aboveground waste in the production or storage…”
— Wyo. Stat. § 30-5-101(a)(i)(D) — 2 cases
Exaro Energy Iii, Llc v. Wyoming Oil & Gas Conservation Comm'n & Jonah Energy, Llc, 2020 WY 8 (Wyo. 2020). “upon such terms and conditions as the commission may determine, upon the commission’s own motion or upon application of any interested person and after notice and hearing as provided by chapter 6, Wyoming Statutes 1957 [§§ 30-5-101 through 30-5- 204], as amended, and by the…”
Majority of the Working Interest Owners in the Buck Draw Field Area v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1070 (Wyo. 1986). “” In its conclusions of law, the commission determined that further primary production would cause waste as that term is defined in subsections (B) and (D) of § 30-5-101(a)(i), W.S.1977. Under subsection (B) waste is “[t]he inefficient, excessive or improper use, or the…”
— Wyo. Stat. § 30-5-101(a)(iii) — 2 cases
Union Pac. Resources Co. v. Texaco, Inc., 882 P.2d 212 (Wyo. 1994). “In 1951, the legislature enacted the Oil and Gas Conservation Act, Wyo.Stat. §§ 30-5-101 to 30-5-104 and §§ 30-5-108 to 30-5-119 (1983 & Cum.”
Exxon Mobil Corp. v. Wyoming Oil & Gas Conservation Comm'n & Denbury Onshore, LLC, 2013 WY 32 (Wyo. 2013). “ise usefully utilized: except gas produced from an oil well pending the time when with reasonable diligence the gas can be sold or otherwise usefully utilized on terms and conditions that are just and reasonable; (F) Underground or aboveground waste in the production or storage…”
— Wyo. Stat. § 30-5-101(a)(ix) — 6 cases
Exaro Energy Iii, Llc v. Wyoming Oil & Gas Conservation Comm'n & Jonah Energy, Llc, 2020 WY 8 (Wyo. 2020). “upon such terms and conditions as the commission may determine, upon the commission’s own motion or upon application of any interested person and after notice and hearing as provided by chapter 6, Wyoming Statutes 1957 [§§ 30-5-101 through 30-5- 204], as amended, and by the…”
Big Piney Oil & Gas Co. v. Wyoming Oil & Gas Conservation Comm'n, 715 P.2d 557 (Wyo. 1986). “1977 (June 1983 Replacement), provides: “ ‘Correlative rights’ shall mean the opportunity afforded the owner of each property in a pool to produce, so far as it is reasonably practicable to do so without waste, his just and equitable share of the oil or gas, or both, in the pool.”
Union Pac. Resources Co. v. Texaco, Inc., 882 P.2d 212 (Wyo. 1994). “In 1951, the legislature enacted the Oil and Gas Conservation Act, Wyo.Stat. §§ 30-5-101 to 30-5-104 and §§ 30-5-108 to 30-5-119 (1983 & Cum.”
Trout v. Wyoming Oil & Gas Conservation Comm'n, 721 P.2d 1047 (Wyo. 1986). “” Correlative rights are defined by § 30-5-101(a)(ix), W.S.1977 (June 1983 Replacement), as “ * * * the opportunity afforded the owner of each property in a pool to produce, so far as it is reasonably practicable to do so without waste, his just and equitable share of the oil or…”
Gilmore v. Oil & Gas Conservation Comm'n, 642 P.2d 773 (Wyo. 1982). “” Waste is defined in § 30-5-101(a)(i), W.S.1977, as: “(B) The inefficient, excessive or improper use, or the unnecessary dissipation of, reservoir energy; * * * * * * “(D) The locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes,…”
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