A surface estate owner may hire a commission-approved well plugger to plug an orphaned well, and the plugger must give notice, take control, post required security, and plug the well under commission rules.
Sec. 89.048. PLUGGING OF WELL BY SURFACE ESTATE OWNER. (a) In this section, "orphaned well" has the meaning assigned by Section 89.047. (b) The owner of an interest in the surface estate of a tract of land on which an orphaned well is located may contract with a commission-approved well plugger to plug the well. (c) If the surface estate owner enters into a contract under Subsection (b), the well plugger shall: (1) not later than the 30th day before the date the well is plugged, mail notice of its intent to plug the well to the operator of the well at the operator's address as shown by the records of the commission; (2) assume responsibility for the physical operation and control of the well as shown by a form the person files with the commission and the commission approves; (3) file a bond, letter of credit, or cash deposit covering the well as required by Section 91.107; and (4) plug the well in accordance with commission rules. (d) On successful plugging of the well by the well plugger, the surface estate owner may submit documentation to the commission of the cost of the well-plugging operation. The commission shall reimburse the surface estate owner from money in the oil and gas regulation and cleanup fund in an amount not to exceed 50 percent of the lesser of: (1) the documented well-plugging costs; or (2) the average cost incurred by the commission in the preceding 24 months in plugging similar wells located in the same general area. (e) The commission shall adopt any rules reasonably necessary to implement this section. Added by Acts 2005, 79th Leg., Ch. 267 (H.B. 2161), Sec. 4, eff. January 1, 2006. Amended by: Acts 2011, 82nd Leg., 1st C.S., Ch. 4 (S.B. 1), Sec. 19.09, eff. September 28, 2011.