Surface and Mineral Owners Information
This page has been developed to help surface and mineral owners find out more information with regard to many of the questions that come with the exploration and production of oil and gas in North Dakota.
An updated version of a 1981 NDSU Cooperative Extension Service Bulletin entitled North Dakota Oil and Gas Leasing Considerations (3MB) is now available. This PDF document has been modified with the permission of the NDSU Extension Service.
If you would like to see if there is a well or permit issued on or near your minerals and you know the Section, Township, and Range the lands are located in, you can search on the Find My Well web page.
Here you will find the notice to surface owners concerning the right of compensations for damages caused by oil and gas operations. The North Dakota Department of Trust Lands website offers examples of oil and gas leases and pooling agreements. It also has the results of the most recent State Land Department quarterly oil and gas lease auction.
A statement of intention to succeed to the ownership of mineral interest form is also available for surface owners wishing to claim abandoned minerals under their property. (Please be advised that the statement of intention to succeed form is available as a convenience. Any additional fees assessed in filing this form is not the responsibility of the DMR.)
In addition, the ND Department of Agriculture has a Mediation Service to assist surface owners and energy companies in resolving "split estate" surface damage disputes. For more information, go to the North Dakota Mediation Service web page.
The National Ground Water Association (NGWA) and the Ground Water Protection Council (GWPC) have made available a water-testing brochure for household water well owners living near oil or gas development and completion activities, including hydraulic fracturing. The brochure walks water well owners through how to go about getting their water tested prior to oil and gas activities to establish baseline water quality. It then provides guidelines for retesting the water after oil and gas development and completion activities. Addressed in the brochure are issues such as "chain-of-custody” testing to ensure unbiased, accurate sampling and test results, what constituents to test, what to do if one’s water quality changes, and where to get more information. The brochure is not intended to provide guidance for regulation. It is merely designed to provide generalized information to landowners. The information it contains has not been designed to cover every unique circumstance of local geology or geochemistry. Therefore, it should be used only as guidance for landowners.
The ND Petroleum Council has developed informational web pages for surface owners.
If you are a land owner and would like to report an incident related to a gathering line on your land, please go to the N.D. Oil and Gas Division Gathering Lines Home Page and click on "Report a Gathering Line Incident".
Pipeline restoration and reclamation program-The NDDA program connects landowners and tenants experiencing pipeline reclamation and restoration issues with an independent ombudsman to assist them in working with pipeline companies.
The goals of the program are to help landowners/tenants regain confidence that their land will be restored properly and to allow pipeline companies to continue to put more pipe in the ground.
Landowners or tenants who are dissatisfied by the response of a pipeline owner/operator in dealing with the reclamation of their property can contact the NDDA for assistance at 701-328-2231 or 1-800-242-7535, or go to the Pipeline Program webpage to submit their request.
As a mineral owner you may find the following links helpful:
royalty statement rules(43-02-06 NDAC)
obligation to pay royalties(47-16-39.1 NDCC)
termination of mineral interests statute(38-18.1 NDCC) along with a statement of claim form
A statement of claim filed after July 31, 2009, by a person other than the owner of record of the mineral interest is not effective to preserve a mineral interest unless accompanied by a reference to the name of the record owner under whom the owner of the mineral interest claims.
The ND Petroleum Council has developed an informational web page for mineral owners. Many oil companies have partnered with the ND Petroleum Council to create a web page with operator contact information for anyone that has questions about royalty payments that you are getting or think you should be getting. Please note that not all oil companies will be listed there.
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