§ 229a. Water struck while drilling for oil and gas

Statutory text

Acquisition; condition in lease

All prospecting permits and leases for oil or gas made or issued under the provisions of this chapter shall be subject to the condition that in case the permittee or lessee strikes water while drilling instead of oil or gas, the Secretary of the Interior may, when such water is of such quality and quantity as to be valuable and usable at a reasonable cost for agricultural, domestic, or other purposes, purchase the casing in the well at the reasonable value thereof to be fixed under rules and regulations to be prescribed by the Secretary.

Prior leases

In cases where water wells producing such water have heretofore been or may hereafter be drilled upon lands embraced in any prospecting permit or lease heretofore issued under this chapter, the Secretary may in like manner purchase the casing in such wells.

Disposition

The Secretary may make such purchase and may lease or operate such wells for the purpose of producing water and of using the same on the public lands or of disposing of such water for beneficial use on other lands, and where such wells have heretofore been plugged or abandoned or where such wells have been drilled prior to the issuance of any permit or lease by persons not in privity with the permittee or lessee, the Secretary may develop the same for the purposes of this section: Provided, That owners or occupants of lands adjacent to those upon which such water wells may be developed shall have a preference right to make beneficial use of such water.

Revolving fund

The Secretary may use so much of any funds available for the plugging of wells, as he may find necessary to start the program provided for by this section, and thereafter he may use the proceeds from the sale or other disposition of such water as a revolving fund for the continuation of such program, and such proceeds are hereby appropriated for such purpose.

Operations under lease not restricted

Nothing in this section shall be construed to restrict operations under any oil or gas lease or permit under any other provision of this chapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1920
Pub. L. 73–85 § 40 · 48 Stat. 152
Enacted · 30 U.S.C. § 229a
Feb. 25, 1920, ch. 85, § 40, as added June 16, 1934, ch. 557, 48 Stat. 977
Source evidence
Code source credit
Feb. 25, 1920, ch. 85, § 40, as added June 16, 1934, ch. 557, 48 Stat. 977
1976
Pub. L. 94–579 title VII § 704(a) · 90 Stat. 2743
Struck · 30 U.S.C. § 229a(a)
Pub. L. 94–579 struck out proviso relating to reservation of land as a water hole under section 300 of title 43
Source evidence
Code amendment note
Subsec. (a). Pub. L. 94–579 struck out proviso relating to reservation of land as a water hole under section 300 of title 43.
Enacted provision · exact public law section
(a) Effective on and after the date of approval of this Act, the implied authority of the President to make withdrawals and reservations resulting from acquiescence of the Congress (U.S. v. Midwest Oil Co., 236 U.S. 459) and the following statutes and parts of statutes are repealed; Act of Chapter Section Statute at Large 43 U.S. Code Oct. 2, 1888 1069 25: 527 662. Only the following portion under the section beaded U.S. Geological Survey: The last sentence of the paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end thereof. Mar. 3, 1891 561 24 26:1103 16 U.S.C. 471. Mar. 1, 1893 183 21 27: 510 33 U.S.C. 681. Aug. 18, 1894 4 28: 422 641. Only that portion of the first sentence of the second paragraph beginning with “and the Secretary’ of the Interior” and ending with “shall not be approved.” May 14, 1898 299 10 30: 413 687a–4. Only the fifth proviso of the first paragraph. June 17, 1902 1093 3 32: 388 416. Apr. 16, 1906 1631 1 34:116 561. Only the words “withdraw from public entry any lands needed for townsite purposes”, and also after the word “case”, the word “and”. June 27, 1906 3559 4 34: 520 561. Only the words “withdraw and” Mar. 15, 1910 96 36: 237 643. June 25, 1910 421 1, 2 36: 847 141, 142, 16 U.S.C. 471(a). All except the second and third provisos. June 25, 1910 431 13 36: 858 148. Mar. 12, 1914 37 1 38:305 975b. Only that portion which authorizes the President to withdraw, locate, and dispose of lands for townsites. Oct. 5, 1914 316 38: 727 569(a), June 9, 1916 137 2 39: 219 Under “Class One, only the wards “withdrawal and. Dec. 29, 1916. 9 10 39: 865 300. June 7, 1924 348 9 43:655 16 U.S.C. 471, Aug. 19, 1935 561 Sec. 4 49: 661 22 U.S.C. 277c. In “Sec. 4”. only paragraph “c” except the proviso thereof. Mar. 3, 1927 299 4 44:1347 25 U.S.C. 3BM. Only the proviso thereof. May 24, 1928 729 4 45: 729 49 U.S.C. 214, Dec. 21, 1928 42 9 45: 1063 617h. Mar. 6, 1946 58 69: 36 617b. First sentence only. June 16, 1934 557 “Sec. 40(a)” 48: 977. 30 U.S.C. 229a. The proviso only. May 1, 1936 254 2 49:1250 May 31, 1938 304 52:593 25 U.S.C. 497. July 20, 1939 334 53:1071 16 U.S.C. 471b. May 28, 1940 220 1 54: 224. 16 U.S.C. 552a. All except the second proviso. Apr. 11, 1956 203 8 70:110 620g. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.” Aug. 10, 1956 Chapter 949 9772 70A: 588 10 U.S.C. 4472, 9772, Aug. 16, 1952 P.L. 87–590 4 76: 389 616c. Only the words “and to withdraw public lands from entry or other disposition under the public land laws.”
Effective date note
Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.

1 of 2 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments

1976—Subsec. (a). Pub. L. 94–579 struck out proviso relating to reservation of land as a water hole under section 300 of title 43.

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792, provided that the amendment made by section 704(a) is effective on and after Oct. 21, 1976.

Savings Provision

Amendment by Pub. L. 94–579 not to be construed as terminating any valid lease, permit, patent, etc., existing on Oct. 21, 1976, see section 701 of Pub. L. 94–579, set out as a note under section 1701 of Title 43, Public Lands.

Credits

1920–1976 · 2 acts

1920Feb. 25, 1920, ch. 85, § 40, as added June 16, 1934, ch. 557, 48 Stat. 977
1976amended Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.

Show as published

(Feb. 25, 1920, ch. 85, § 40, as added June 16, 1934, ch. 557, 48 Stat. 977; amended Pub. L. 94–579, title VII, § 704(a), Oct. 21, 1976, 90 Stat. 2792.)