Okla. Stat. tit. 52, § 52-318.22

- Requirements - Penalty.

A. The Corporation Commission is hereby directed and authorized

to promulgate rules governing the operations of seismographic

exploration for the purpose of protecting the interests and property

of the citizens of this state.

B. Any person, firm, corporation or entity desiring to commence

any seismographic exploration in this state shall, prior to any such

activity, be duly registered with the Corporation Commission and

shall be required to apply for a permit for each separate seismic

exploration.

C. Rules promulgated by the Commission governing all seismic

exploration operations shall include, but not be limited to,

requirements for:

1. Applicants to post a form of financial surety guarantee, the

form and amount to be determined by the Commission which shall

remain in effect until release is authorized by the Commission;

2. Applicants to attempt to notify all owners of the surface

estate where the seismic exploration will occur at least fifteen

(15) days prior to commencement of seismic exploration. If the

applicant has the right to conduct seismic exploration and has

attempted to give actual notice of intent to conduct seismic

exploration to the surface owner any time before fifteen (15) days

Oklahoma Statutes - Title 52. Oil and Gas Page 173

prior to conducting seismic exploration, such action shall be

considered sufficient notification for the purposes of this section.

For the purposes of this section, an attempt to notify shall be

considered sufficient when the notification is sent by U.S. mail,

the notice is postmarked at least fifteen (15) days prior to

commencement of any seismic exploration, and has been given at the

last address shown of record for the surface owner in the records of

the county clerk in the county where the surface estate is located,

or an address that is known by applicant to be more accurate than

the foregoing address of record;

3. Applicants to file an affidavit within ninety (90) days of

the last mailing of the notice described herein with the county

clerk in the county where the property is located, setting out that

mailing of the notice has occurred in compliance with this section,

and specifically listing the surface owners which were not locatable

at the addresses required. Further, in the event that any party is

not locatable at said addresses, then such surface owner will be

deemed as having rejected the offer provided in the notice required

under this section; and

4. Applicants to be permitted for each seismic exploration

operation.

D. The notice required in subsection C of this section shall be

sent by U.S. mail, include a copy of the oil or gas lease or seismic

permit authorizing the use of the surface for seismic exploration

and contain the following information:

1. Name of the company conducting seismic exploration;

2. Anticipated date of seismic exploration;

3. A description of the surface estate of the notice recipient

to be entered upon for the seismic exploration to be conducted;

4. If there is not a prior written agreement between the

surface owner and the operator as to seismic exploration, the

following provision with regard to the amount of the damages offered

by the operator to the surface owner shall be included in the

notice:

"Operator will conduct the proposed seismic exploration in

a prudent manner and agrees to indemnify and hold you

harmless from personal injury or property damage claims

that may result from the operator's seismic exploration to

the extent that such damage claims are not the result of

your acts or omissions. Pursuant to the Seismic

Exploration Regulation Act, you, as the surface owner, are

entitled to reasonable damages that will be sustained by

reason of the operator's seismic exploration. The

operator hereby offers you $______ [operator shall fill in

the amount] as compensation for the reasonable damages to

be sustained by reason of the operator's seismic
the result of

your acts or omissions. Pursuant to the Seismic

Exploration Regulation Act, you, as the surface owner, are

entitled to reasonable damages that will be sustained by

reason of the operator's seismic exploration. The

operator hereby offers you $______ [operator shall fill in

the amount] as compensation for the reasonable damages to

be sustained by reason of the operator's seismic

exploration. If you accept this offer in writing to the

Oklahoma Statutes - Title 52. Oil and Gas Page 174

operator within fifteen (15) days of the postmark of this

letter, you will be deemed to have accepted and agreed to

the amount as full consideration for all reasonable

damages by reason of the operator's seismic exploration.

Operator shall, upon receipt of your timely acceptance of

the offer contained herein, remit to you the consideration

described in this offer. The acceptance of this amount

shall not prohibit you from attempting to recover damages

which are unreasonable and caused by reason of the

operator's seismic exploration on your surface estate.

In the event that you either (a) reject the offer in this

letter in writing to the operator within fifteen (15) days

of the postmark of this letter, or (b) fail to make a

timely acceptance of the offer contained herein, then you

will be deemed to have rejected the offer contained

herein, and pursuant to the Seismic Exploration Regulation

Act, you may initiate an action pursuant to The Small

Claims Procedure Act or a civil action pursuant to the

Oklahoma Pleading Code, as appropriate, to recover the

reasonable damages, if any, actually sustained by reason

of the operator's seismic exploration. If an action to

recover reasonable damages is commenced accordingly and a

judgment is entered in the action for you as to the

damages in an amount in excess of the amount set forth in

this notice for reasonable damages by reason of the

operator's seismic exploration, you shall be considered

the prevailing party. If the judgment entered is for an

amount equal to or less than the amount set forth in this

notice for reasonable damages by reason of the operator's

seismic exploration, although you will be entitled to

receive the judgment amount, if any, the operator shall be

considered the prevailing party. The prevailing party in

any court proceeding brought pursuant to the Seismic

Exploration Regulation Act shall be entitled to recover

the costs of the suit, including but not limited to

reasonable attorney and expert witness fees and litigation

expenses. If the action should be dismissed other than by

way of settlement prior to the entry of judgment, then the

surface owner shall forfeit its right to receive any

consideration for all reasonable damages by reason of the

operator’s seismic exploration.”; and

5. Any other pertinent information the Commission deems

appropriate and relevant for the protection of surface owners.

E. The Commission is further directed to promulgate rules to

implement a system to register complaints against any person, firm

or corporation conducting seismic exploration. The Commission may

determine if and when a complaint has been adequately resolved.

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F. Any person, firm, corporation or entity which conducts any

seismic exploration without a permit by the Commission, or in any

other manner violates the rules of the Commission governing such

exploration shall be subject to a penalty of One Thousand Dollars

($1,000.00) per violation per day by the Commission, in addition to

any other legal remedy provided by law.