CHAPTER 699

An Act to amend and reenact §§ 45-106, 45-108 through 45-122, 45-124,
45-126 through 45-181, 45-189 through 45-141, and 45-144 of the Code
of Virginia and to repeal § 45-107 of the Code of Virginia, all relating
to the mining of oil and gas so as to abolish the State Oil and Gas
Board and transfer the rights, powers and duties thereof to the State
Mine Inspector, the Division of Mines, and the Commissioner of Labor
and Industry.

[S 187]

Approved April 8, 1954
Be it enacted by the General Assembly of Virginia:

1. That §§ 45-106, 45-108 through 45-122, 45-124, 45-126 through 45-131,
45-139 through 45-141, and 45-144 of the Code of Virginia be amended and
reenacted as follows:

§ 45-106. As used in this chapter unless the context clearly indicates
otherwise:

(a) *

(b) “Casing” means a string or strings of pipe commonly placed in
wells drilled for petroleum and natural gas;

(c) “Casing-head gas” means any gas or vapor, or both gas and
vapor, indigenous to an oil stratum and produced from such stratum with
oil;

(d) “Cement”: means hydraulic cement properly mixed with water

only;

(d-1) “Chief” means the State Mine Inspector.

(e) “Coal operator” means any person or persons, firm, partnership,
partnership association or corporation that proposes to or does operate a
coal mine;

(e-1) “Commissioner” means the Commissioner of Labor and Indus-
try;

(e-2) “Division” means the Division of Mines;

(f) “Gas” means the natural gas including casing-head gas obtained
from gas or combination wells regardless of its chemical analysis;

(zg) “Log” or “well log’ means the written record progressively
describing all strata, water, oil or gas encountered in drilling, depth and
thickness of each bed or seam of coal drilled through, quantity of oil,
volumes of gas, pressures, rate of fill-up, fresh and salt water-bearing
horizons and depths, caving strata, casing records, etc., as is usually
recorded in the normal procedure of drilling; also includes the electrical
survey records or logs;

(h) “Mine” means an underground or surface excavation or develop-
ment with or without any shafts, slopes, drifts or tunnels for the extraction
of coal, minerals or nonmetallic materials, commonly designated as mineral
resources (excluding petroleum and natural gas), containing the same with
hoisting or haulage equipment and appliances for the extraction of the
said mineral resources; and embraces any and all of the land or property
of the mining plant, and the surface and underground, that is used or
contributes directly or indirectly to the mining property, concentration or
handling of said mineral sources;

(i) “Mine operator” means any person or persons, firm, partnership,
partnership association or corporation that proposes to or does operate a
mine;

(j) ‘““Mud-laden fluid’ means any approved mixture of water and clay
or other material as the term is commonly used in the industry which will
effectively seal the formation to which it is applied;

(k) “Natural gas” (see Gas) ;

(1) “Oil” means crude petroleum oil or petroleum ;

(m) “Operator” means any person who, duly authorized, is in charge
of the development of a lease, drilling activities or the operator of a
producing well;

(n) “Person” means any natural person, firm, partnership, partner-
ship association, association, company, corporation, receiver, trustee,
guardian, executor, administrator, fiduciary or representative of any kind;

" (o) “Petroleum” means the natural untreated oil obtained from an oil
well;

(p) “Pillar” means a solid block of coal or ore or other material, left
unmined to support the overlying strata in a mine; |
(q) “Pipe line’ means any pipes above or below the ground used or
to be used for the transportation of oil or gas;

(r) “Plat” or “map” means a map, drawing or print showing the loca-
tion of a well or wells, mines, quarries;

(s) “Plug” means the stopping of the flow of water, gas or oil in con-
nection with the abandoning of a producing or nonproductive well;

(t) “Porosity” means the state of or quality of being porous, the
absorbent capacity of the material or the volume of liquid held by the pores;

(u) “Shot” or “shooting” means exploding nitroglycerine or other
high explosive in a hole, to shatter the rock and increase the flow of oil
or gas;

(v) “Tubing’’ means the conduit through which oil or gas is removed
from a well;

(w) “Waste”, in addition to its ordinary meaning, means “physical
waste’”’ as that term is generally understood in the oil and gas industry ;

(x) “Well”? means a bore hole or excavation for the purpose of pro-
ducing any liquid or gaseous substance from beneath the surface of the
ea ;
(y) “Well operator” means any person or persons, firm, partnership,
partnership association or corporation that proposes to or does locate, drill,
operate or abandon any well as herein defined; :

(z) “Workable coal bed” means a coal bed in fact being operated com-
mercially, or which, in the judgment of the * Chief, can, and that it is
reasonably to be expected will be so operated, and which, when operated,
will require protection if wells are drilled through it.

§ 45-108. The * Chief shall be charged with the enforcement of the
laws of Virginia relating to exploration for and the production and trans-
portation of oil and gas. * He shall have power to require that the drilling,
redrilling, deepening, casing, completion, plugging and abandonment of
wells be done in such a manner as to prevent the escape of oil or gas out
of one stratum to another and the unnecessary escape or waste of oil or
gas; to prevent the intrusion of water into an oil or gas stratum from a
separate stratum; to prevent the pollution or contamination of fresh water
supplies by oil, gas or salt water; to require reports, maps, well logs and
other pertinent information on oil and gas wells; and generally to prevent
waste as hereinafter set forth. * He shall hold hearings and make rules
and regulations necessary to carry out the provisions of this chapter, and
shall have such further powers as are conferred upon * him by this chapter.

§ 45-109. The * Chief shall exercise supervision over the location,
drilling, deepening, casing, completion, production, abandonment, plugging
and filling of all wells and over all mining operations in close proximity to
any well and any * agent of the * Division shall have such access to the
plans, maps, logs, and such other records and to all such properties of the
well operators and mine operators as may be necessary or proper for this
purpose. The * Chief may require the submission of reports on production
of oil and gas at regular intervals and the placing of meters at places
designated by * him to prevent waste or obtain accurate records of pro-
duction and transportation of oil or gas.

§ 45-110. The * Commissioner shall appoint * as Oil and Gas In-
spectors to assist * the * Chief in carrying out the provisions of this
chapter, * those of the Chief’s assistants who are qualified petroleum
geologists or * mining engineers with * practical knowledge of and ex-
perience in the location, drilling, casing, operation, maintenance, plugging
and abandonment of oil and gas wells. *

§ 45-111. The Oil and Gas Inspectors * shall, under * the direction of
the Chief * enforce the oil and gas laws of this State; observe drilling,
casing, development and production methods, practices and procedures
used in this State; collect, analyze and file maps, charts, reports and other
information relating to exploration for or production of oil and gas and
prepare such reports thereon as are required by the * Chief; seek and
maintain the collaboration of operators and producing companies in the
study of methods, practices and procedures and appliances which might
affect the quantity of oil and gas recovered, * and perform such other
duties as the * Chief may require.

§ 45-112. All persons, firms, partnerships, associations or corpora-
tions drilling, owning or operating any wells for oil or gas, or other wells
penetrating any workable beds of coal, or any of the oil or gas-producing
strata in the Commonwealth of Virginia, shall register with the * Division,
giving the name and address of such person, firm, partnership, association
or corporation and the name and address and official title of the person in
charge of the operations in Virginia.

§ 45-113. Each well operator shall, within thirty days after the com-
pletion or abandonment of any well, furnish to the * Chief a copy of the log
required to be furnished the State Geological Survey under the pro-
visions of § 10-98 of the Code of Virginia. A copy of the electrical log of
the well, if such is made, shall also be furnished. The operator shall also
make such reports as to drilling, casing, and production records of each well
as the * Chief may require. Such log or logs and reports shall, on the request
of the well operator, be held confidential by the * Division for a period of
ninety days after the completion of the well.

§ 45-114. Before drilling for oil or gas on any tract of land, the well
operator shall have prepared by a competent engineer or surveyor and file
with the * Chief, together with the application required by the next section,
an accurate plat or map on a scale, to be stated thereon, not smaller than
four hundred feet to the inch, showing the proposed location and surface
elevation of the well determined by survey, the courses and distances of
such location from two permanent points or landmarks on said tract, the
name and number proposed to be.given to the well, the name of the owner
and the boundaries and acreage of the tract on which the well is to be
drilled, the names of the owners of all adjoining tracts and of any other
tract within five hundred feet of the proposed location and any building,
highway, railroad, stream, oil or gas well, mine, mine openings or work-
ings, or quarry within five hundred feet of the proposed location. Copies
of such'plat or map shall be mailed to each such adjacent landowner, and to
each owner, or lessee, or operator of any mineral rights on, in or under,
such land or mine, well or quarry within five hundred feet of the proposed
location, by registered mail, together with notice (on forms provided by
the * Chief) of his intention to drill, redrill or deepen the well. Each
such owner, lessee, or operator shall within ten days from receipt of such
notice, file with the * Chief any objection which he may have to the pro-
posed location.

§ 45-115. Before any such well is drilled, the operator, shall secure
from the * Chief a permit to drill. The application for such permit shall
be accompanied by a fee of twenty-five dollars and such operator shall, in
addition, give bond in the sum of one thousand dollars, payable to the
Commonwealth of Virginia, with surety acceptable to the * Chief when in
the opinion of the * Chief such is considered necessary, to insure com-
pliance with all laws and regulations relating to the drilling, redrilling,
deepening, casing, plugging and abandonment of wells and for furnishing
such reports and information as may be required by the * Chief. Such
bond shall remain in force until released by the * Chief. The * Chief may,
at * his discretion, release the bond at any time and shall release the same
when * he is satisfied that the well has been abandoned and plugged and
reports and information furnished as required by this chapter. When such
operator makes or has made application for permits to drill a number of
wells, the * Chief on request of such operator, may, in lieu of requiring a
separate bond for each well, require a blanket bond in such sum as * he
deems adequate, and the * Chief may increase or reduce the amount of such
bond from time to time as * he may deem proper in view of the number of
wells drilled by the particular well operator and the number of wells
abandoned and plugged in the manner prescribed herein by such operator.

§ 45-116. Upon the filing of an application for a permit to drill, the
* Chief shall, if no objection has been made within the specified time to
such drilling by any person to whom notice is required to be sent, issue the
requested permit provided, the * Chief may, in any case in which a well is
proposed to be drilled within five hundred feet of any boundary of a tract
of land, if in * his opinion such drilling would cause drainage of adjacent
land, require as a condition of the granting of such permit the making of
an agreement, satisfactory to the owner or lessee of any such adjacent
land, relating to the drilling of an offset well on such land if the proposed
well produces oil or gas in commercially paying quantities.

Any permit so issued shall recite the filing of an application for a per-
mit to drill and a plat or map showing the proposed location of the well and
other required information, that no objection has been made to the pro-
posed location by any interested person, or found by the * Chief, that the
same is approved and the well operator is authorized to proceed to drill,
redrill or deepen a well at such location.

§ 45-117. If any objection or objections are filed by any person having
an interest in such land or adjacent lands, the * Chief shall notify the well
operator of the character of the objections and by whom made and fix a
time and place for a hearing, not less than twenty nor more than forty
days after the original filing of the application for a permit to drill, at
which hearing such objections will be considered, of which every person to
whom notice was required to be sent under the provisions of § 45-114 shall
be given at least five days’ written notice. At such hearing the well
operator, or any person filing objections, and all other interested persons
shall proceed to consider the location and objection thereto, and to agree
upon the location either as made or so moved as to satisfy all objections
and satisfy the * Chief and any change in the original location so agreed
upon shall be indicated on the plat or map on file with the * Chief. Where-
upon the * Chief shall issue to the well operator a drilling permit reciting
the filing of an application for a permit to drill and a plat or map showing
the proposed location of the well and other required information, that at a
hearing duly held the location shown was agreed upon and approved, and
that the well operator is authorized to drill av such location.

§ 45-118. If the well operator, the other interested persons present,
and the * Chief are unable to agree upon a location, then the * Chief shall
fix a location on such tract as near to the original location as * he shall
deem proper, indicating the same on the plat or map on file with * him,
and tender to the well operator a permit to drill at such new location, which
he may accept or reject. If he accepts, any interested person who has been
present and made known to the * Chief his objections may object to such
new location and to the issuance of such permit; and the operator accept-
ing the permit may require the record of the hearing to show that he
accepts such drilling permit to drill at the location made by the * Chief as
a& new or additional location and not in lieu of the original location, and that
he reserves the right to appeal to the circuit court of the county in which
the original location lies for relief, and that he objects to the refusal of the
* Chief to approve the original location substantially as made.

§ 45-119. If the requested location is such that the well would pene-
trate a workable coal bed, then the * Chief shall fix the location on such
tract of land as near to the requested location as possible in a pillar of
suitable size, through which the well can be drilled safely, taking into
consideration the dangers from creeps, squeezes or other disturbances due
to the extraction of coal. Should no such pillar exist, the well may be
located and drilled through open workings where, in the judgment of the
* Chief it is practicable and safe to do so, taking into consideration the
dangers from creeps, squeezes and other disturbances. The procedure in
such cases shall conform to that prescribed in § 45-117 and § 45-118.

§ 45-120. The * Chief shall number, index and keep as a permanent
record each application, plat or map and notice filed with * him and shall
record the name of the well operator, names of the persons notified and
their addresses, the date of receipt of any such application, plat or map
and of all objections filed, dates of hearings and all actions taken by the
* Chief and permits issued or refused, which records shall be open to
inspection by the public.

§ 45-121. Any person aggrieved by any action of the * Chief in fixing
or approving any location for the drilling of a well for oil or gas or by
the issuance of or refusal to issue any drilling permit, shall have the
right to apply to the circuit court of the county wherein the location lies
for review of the * Chief’s decision. Such application shall be by petition,
which shall be filed in the clerk’s office of such court within ten days
following such action of the * Chief. The filing of the petition shall be
deemed to commence the proceeding in such court and shall, in any case
where the court is requested to review the decision of the * Chief issuing a
permit to drill, suspend such permit until the case shall have been ad-
judicated by the court. The * Chief shall be named a party defendant to
such petition. The case shall be heard by the court in term time or in
vacation and shall take precedence over any other civil cause, action or
proceeding on the docket. On the petition, the judge shall hear the pro-
ceeding de novo, shall thereupon determine all matters of law and fact
without a jury and render his decision, approving, setting aside or modify-
ing the action of the * Chief. In any such case, the Attorney General shall
represent the * Chief; provided, that on request of the Attorney General,
the attorney for the Commonwealth of the county in the circuit court of
which the petition is filed shall represent the * Chief in any such proceeding.

The * Chief of any party aggrieved by any such final decision of the
judge shall have the right to apply for an appeal to the Supreme Court of
Appeals. The procedure shall be the same as that provided by law con-
cerning appeals and supersedeas.

§ 45-122. A well penetrating one or more workable coal beds shall be
drilled to such depth, and of such size, as will permit the placing of casing
and packers in the hole at such points and in such manner as will exclude all
fresh or salt water, oil, gas or gas pressure from the coal bed, except such as
may be found in the coal bed itself. Each string of casing run in the hole
shall be provided with a steel casing shoe or collar firmly fixed on the bottom
of the string of casing. Each string of casing run through a workable bed
of coal shall be seated in cement or similar material approved by the *
Chief placed between the casing and the hole, making an effective seal,
from a point at least thirty feet below such coal bed to a point at least
twenty feet above the same. And after any such string of casing has been
so seated, drilling may proceed forthwith to any required depth. The
portion of the outer (i.e. coal-protecting) casing so cemented through a
coal bed shall be left in place as a permanent opening, and shall not be
pulled or removed when the other casing is pulled or removed.

§ 45-124. In the event that a well becomes productive of oil or gas
all coal-protecting strings of casing shall remain in place during the life of
the well. During the life of the well the annular spaces between the various
strings of casing adjacent to workable beds of coal shall be kept open, and
the top ends of all such strings shall be provided with casing heads, or
such other suitable devices approved by the * Chief as will permit the
free passage of oil and gas and prevent filling of such annular spaces with
dirt or debris.

§ 45-126. In the event that a permit is requested to drill a well for oil
or gas in such a location that it would penetrate any active or abandoned
mine other than a coal mine, the * Chief may by regulation establish the
safety precautions to be followed by the well operator, which shall conform
to standard safety measures generally followed in the industry in such
cases, and may require, as a specific condition of the bond required of the
operator, compliance with the regulations so promulgated.

§ 45-127. Before removing any coal or other mineral, or extending
any mine workings or mining operations within five hundred feet of any
well, or under any tract of land in visible possession of a well operator for
the purpose of drilling for oil or gas, the mine operator shall give notice
by registered mail to the well operator and to the * Chief and forward
therewith an accurate map or maps on a scale, to be stated thereon, of one
hundred to four hundred feet to the inch showing its mine workings and
projected mine workings beneath such tract of land or within five hundred
feet of such well. Following the giving of such notice and the furnishing
of such map or maps, the mine operator may proceed with mining opera-
tions as projected on such map or maps, but shall not remove any coal or
other mineral or conduct any mining operations nearer than two hundred
feet to any completed well or well that is being drilled, or for the purpose
of drilling which a derrick is being constructed, without the consent of
the * Chief.

Application may be made at any time to the * Chief by the mine
operator for leave to conduct mining operations within two hundred feet
of any such well or projected well on forms furnished by the * Chief and
containing such information as the * Chief may require. Such application
shall be accompanied by a map or maps as above specified showing all
mining operations or workings projected within two hundred feet of the
well or projected well. Notice of such application shall be sent by registered
mail to the well operator. The * Chief may, prior to considering the appli-
cation, make or cause to be made any inspections or surveys which * he
deems necessary, and may, * if no objection is filed by the well operator,
grant the request of the mine operator to conduct the mining operations as
projected, or with such modifications as * he may deem necessary.

The operator of the well or projected well affected may, within ten days
of the filing of such application by the mine operator, file with the * Chief
his objections to such projected mining operations, in which event the *
Chief shall, not less than twenty days nor more than forty days after the
filing of the application, set a time and place for a hearing at which * he
will consider such application, and the objections thereto, of which at
least five days’ notice shall be given to the mine operator and the well
operator. The * Chief shall, after a full hearing, at which the well operator
and mine operator shall be permitted to offer any competent and relevant
evidence, grant the request of the mine operator or refuse to grant the
same, or make such other decision with respect to such proposed further
operations in the vicinity of any such well or projected well as in his
judgment is just and reasonable under all the circumstances. The * Chief
shall keep a record of all such proceedings.

From any such final decision or order of the * Chief either the well
operator or mine operator, or both, may, within ten days, appeal to the
circuit court of the county in which the well about which approval of such
further operations is involved is located. The procedure in the circuit
court shall be substantially as provided in § 45-121. From any final order
or decree of the circuit court, an appeal may be taken to the Supreme
Court of Appeals as heretofore provided.

§ 45-128. Prior to the abandonment of any well, the well operator
shall notify, by registered mail, the persons to whom notices are required to
be given by § 45-114, and the * Chief, of his intention to plug and abandon
any such well (using such form of notice as the * Chief may provide),
giving the name and number of the well and its location and fixing the time
at which the work of plugging and filling will be commenced, which time
shall not be less than seven days after the day on which such notice is
mailed, together with a complete log of the well and a work order showing
in detail the proposed manner of plugging said well, in order that a repre-
sentative of the * Chief and any interested persons may be present at the
plugging and filling of the well. Whether such representative or persons
appear or do not appear, the well operator may proceed at the time fixed to
plug and fill the well in the manner hereinafter prescribed. When such
plugging and filling have been completed, an affidavit, in triplicate, shall be
made (on a form to be furnished by the * Chief) by two experienced men
who participated in the work, in which affidavit shall be set forth the
time and manner in which the well was plugged and filled and the place-
ment of a permanent marker as required in § 45-130. One copy of this
affidavit shall be retained by the well operator, one sent to the mine owner
or operator, and the third shall be mailed to the * Chief. When a producing
oil or gas well is to be capped by the well operator, such well operator
shall give notice to all persons to whom notices are required to be given
by § 45-114, and to the * Chief, of his intention to cap such well, giving the
name and number of the well and its location, which notices shall be given
not less than seven days before the date of capping of the said well.

§ 45-129. Upon the abandonment or cessation of the operation of any
well drilled for oil or gas, the well operator, at the time of such abandon-
ment, or cessation, shall immediately fill and plug the well in the following
manner:

(a) Where or when the well does not penetrate workable coal beds, it
shall either be filled with mud, clay or other nonporous material approved
by the * Chief from the bottom of the well to a point twenty feet above
the top of its lowest oil, gas or water-bearing stratum; or a permanent
bridge shall be anchored thirty feet below its lowest oil, gas or water-bear-
ing stratum, and from such bridge it shall be filled with mud, clay or other
nonporous material approved by the * Chief to a point twenty feet above
such stratum; at this point there shall be placed a plug of cement or other
suitable material which will completely seal the hole. Between this sealing
plug and a point twenty feet above the next higher oil, gas or water-bearing
stratum, the hole shall either be filled, or bridged and filled, in the manner
just described; and at such point there shall be placed another plug of
cement or other suitable material which will completely seal the hole. In
like manner the hole shall be filled and plugged, or bridged, filled and
plugged with reference to each of its oil, gas or water-bearing strata.
However, whenever such strata are not widely separated and are free from
salt or fresh water, they may be grouped and treated as a single sand, oil
or gas horizon, and the aforesaid filling and plugging be performed as
though there were but one horizon. After the plugging of all oil, gas or
salt or fresh water-bearing strata, as aforesaid, a final plug shall be
anchored approximately ten feet below the bottom of the largest casing in
the well; from this point to within two feet of the surface the well shall be
filled with mud, clay or other nonporous material approved by the * Chief.
In case any of the oil or gas-bearing strata in a well shall have been shot,
thereby creating cavities which cannot readily be filled in the manner
itr ee the well operator shall follow either of the following
methods:

(1) Should the stratum which has been shot be the lowest one in the
well, there shall be placed at the nearest suitable point, but not less than
twenty feet above the stratum, a plug of cement or other suitable material
which will completely seal the hole. In the event, however, that the shoot-
ing has been done above one or more oil or gas-bearing strata in the well,
plugging in the manner specified shall be done at the nearest suitable
points, but not less than twenty feet below and above each stratum shot.
Or (2), when such cavity shall be in the lowest oil or gas-bearing stratum
in the well, a liner shall be placed which shall extend from below the stra-
tum to a suitable point, but not less than twenty feet above the stratum in
which shooting has been done. In the event, however, that the shooting
has been done above one or more oil or gas-bearing strata in the well, the
liner shall be so placed that it will extend not less than twenty feet above,
nor less than twenty feet below, each stratum in which shooting has been
done. Following the placing of the liner in the manner here specified, it
shall be completely filled with cement, mud, clay or other nonporous sealing
material approved by the * Chief.

(b) Where the well has penetrated one or more workable coal beds, it
shall be filled and securely plugged in the manner aforesaid, to a point
forty feet below the lowest workable coal beds, unless, in the judgment of
either the well operator, or the coal operator or the * Chief, a permanent
outlet to the surface is required. In the event such an outlet is required, it
shall be provided in the following manner: A plug of cement, or other
suitable material, shall be placed in the well at a suitable point, not less
than thirty feet below the lowest workable coal bed. In this plug and
passing through the center of it shall be securely fastened an open pipe not
less than two inches in diameter, which shall extend to the surface. At or
above the surface the pipe shall be provided with a device which will per-
mit the free passage of gas, and prevent obstruction of the same. Follow-
ing the setting of the cement plug and outlet pipe as aforesaid, the hole
shall be filled with cement to a point twenty feet above the lowest work-
able coal bed. From this point the hole shall be filled with mud, clay or
other nonporous material approved by the * Chief to a point thirty feet
beneath the next overlying workable coal bed, if such there be, and the
next succeeding fifty feet of the hole filled with cement and similarly, in
case there are more overlying workable coal beds. If, in the judgment of
the well operator, the coal operator and the * Chief, no outlet to the surface
is considered necessary, the plugging, filling and cementing shall be as last
above described.

§ 45-130. Upon the completion of the plugging and filling of an
abandoned well, a permanent monument or marker of concrete or iron
and concrete shall be erected over the location; the marker shall extend not
less than thirty inches above the surface and enough below the surface to
make the marker permanent. The name of the person, firm, company or
corporation by whom the well was drilled and the number of the well shall
be stamped or cast or otherwise permanently affixed to said marker. The
erection of the marker shall in no way interfere with the bleeder pipe from
the well where such pipe is required as in § 45-129 (b). This marker
shall be accurately described on the affidavit as to the time and manner of
plugging and filling the well and will be accepted by the * Chief as a satis-
factory landmark and should be used as such in the location of adjacent
wells.

§ 45-131. If in any well drilled for oil and gas no commercial or
paying quantity of either is obtained, but a stratum or source of portable
fresh water is encountered, which could be developed as a source of water
for municipal, industrial, or domestic use, upon request of the owner of
the property on which the well is located, on application to and to approval
by the * Chief the well may, in lieu of being plugged and abandoned, be
developed and completed as a water well. In such case the driller or well
operator shall be paid a reasonable sum, by the property owner or other
party desiring the well to be completed and used as a water well, for all
casing and tubing set and left in the well by the driller or well operator.

§ 45-139. If the owner or operator of any such well shall neglect or
refuse to drill, case and equip, or plug and abandon the well in a proper
manner or shut in and conserve from waste the oil or gas produced there-
from as required to be done and performed by this chapter, for a period of
twenty days after a written notice so to do, which notice may be served
personally upon the owner or operator, or may be posted in a conspicuous
place at or near the well, the owner or operator of any adjacent or neigh-
boring lands, or the * Chief:

May enter upon the premises where such well is situated and
properly case and equip such well; or,

(2) In case the well is to be abandoned, may properly plug and
abandon it; or,

(3) In case the well is wasting oil or gas, may properly shut it in and
make the needed repairs to the well to prevent such waste.

The reasonable cost and expenses incurred by the owner or operator of
any adjacent or neighboring lands in so doing shall be paid by the owner
or operator of such well and may be recovered as debts of like amount are
by law recoverable; and such expense, if incurred by the * Chief, shall be
a charge against the bond given by the well operator.

§ 45-140. Unless written permission is granted by the * Chief, no
owner or operator of any oil well or wells shall permit said well or wells
to stand without diligently pumping or flowing same for a period of more
than ninety days. Upon notice of the * Chief, to any owner or operator of
any well or wells that the casing or tubing in such well or wells is leaking
fresh or salt water into the oil or gas-bearing sand or stratum, such well
owner or operator shall immediately repair such casing or tubing or aban-
don and plug such well according to the provisions of this chapter.

§ 45-141. In addition to the penalties elsewhere provided, the * Chief
may, if any person is violating or threatening to violate any provision of
this chapter, maintain suit in the circuit court of the county or corporation
court of the city * or the county wherein such violation has occurred or is
threatened, or wherein such person may be found, to restrain such viola-

on.

§ 45-144. All funds collected by the * Chief under the provisions of
this chapter shall be paid into the State treasury to the credit of the *
Division of Mines and may be expended by it, together with any funds
appropriated by the General Assembly, in carrying out the provisions of
this chapter. All such payments shall be made on warrants of the Comp-
troller issued upon vouchers signed by the * Chief or such person as shall be
designated by the * Chief for that purpose.

2. § 45-107. of the Code of Virginia is repealed.

8. All rules and regulations promulgated by the State Oil and Gas Board
shall continue in effect until suspended, revoked or superseded in accord-
ance with law, and all references therein to the State Oil and Gas Board
shall be deemed to apply to the State Mine Inspector and the State Oil and
Gas Board shall transfer to the State Mine Inspector all of its property
together with all reports, logs, records, papers and registrations of any
kind whatsoever pertaining to the administration of the provisions of
Chapter 8 of Title 45 of the Code of Virginia. All powers and duties
heretofore vested in the State Oil and Gas Board, except such powers and
duties as are specifically otherwise delegated and imposed by this act, are
hereby vested in the State Mine Inspector.