Surety Bond Encyclopedia

Drilling Permit Bond - Arkansas Oil & Gas Commission in Arkansas

Brief Summary

The Arkansas Oil and Gas Commission will not take an application to drill until financial assurance comes with it, and the right amount depends on the type of well and how many you hold. A surety bond lets you post that assurance without tying up cash or a certificate of deposit, and a blanket bond can cover a whole program of wells under one instrument.

Under 15 CAR 275-202, the Arkansas Oil and Gas Commission requires financial assurance with every application to drill or transfer a well. The minimum for an oil or gas production well is $3,000 per well, or a blanket of $25,000 for 1 to 25 wells, $50,000 for 26 to 100 wells, or $100,000 for 101 or more. Brine, Class II disposal, Class V and commercial disposal wells carry higher amounts. Oil well operators who have been a permit holder of record for at least two calendar years pay annual fees instead of posting the bond.

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How to Apply for a Drilling Permit Bond:

  • Identify each well type in your application and count the wells you hold to pick per well or blanket coverage.
  • Check whether you are an oil well operator of record for two or more calendar years and exempt from posting.
  • Have the bond issued by a surety authorized to transact business in Arkansas, payable to the Commission.
  • Submit the bond with the application to drill or the application to transfer the well.
  • Keep the bond in force until plugging and site restoration, transfer, or at least one year if the well is not drilled.
  • Clear all outstanding notices of violation before asking for release.

Detailed Information About the Arkansas Drilling Permit Bond:

The tier you fall into

15 CAR 275-202(g) sets these minimums:

**Oil or gas production wells**, Class II disposal wells tied to liquid hydrocarbon wells, Class II enhanced recovery wells and related water supply wells: $3,000 per well, or a blanket of $25,000 for 1 to 25 wells, $50,000 for 26 to 100 wells, or $100,000 for 101 or more wells.

**Brine production or supply wells**: $25,000 per well, or a blanket of $250,000 for 1 to 25 wells, $500,000 for 26 to 50 wells, or $1,000,000 for 51 or more wells.

**Class II disposal wells not tied to liquid hydrocarbon wells and Class V brine injection wells**: $25,000 per well.

**Class II commercial disposal wells**: $50,000 per well, plus surface facility assurance of $50,000 for 1,000 bbls of on site tank storage, $100,000 for over 1,000 up to 2,000 bbls, or $250,000 for over 2,000 bbls, and another $150,000 if a sump or dump vat is used to off load fluids.

The director can require more based on how long you have operated in Arkansas, the environmental and engineering factors at the site, and your compliance history.

Who is exempt

All gas well, brine, Class V, commercial disposal and other well permit holders must post assurance. Operators of liquid hydrocarbon (oil) wells and their associated Class II wells only post it if they have not been a permit holder of record with the Commission for at least two calendar years before the application. Established oil operators pay annual fees instead, assessed every January 1 and due by March 1.

How long it stays in place

The assurance must stay in force for at least one year after the drilling permit issues if the well is never drilled. If it is drilled, it stays in force until the well is plugged and the site restored, or until the well is transferred to a new permit holder. Release also requires that all notices of violation and compliance orders against you are satisfied.

Forfeiture

If you fail to plug, replug, repair or restore a site within 30 days of a Commission order, the director can forfeit the assurance. You have 15 days after the certified mail notice to request a hearing. The surety may be allowed to do the work itself.

Eligibility and Requirements for a Arkansas Drilling Permit Bond:

  • Surety company authorized to transact business in Arkansas.
  • Arkansas Oil and Gas Commission as obligee.
  • Amount meeting the 15 CAR 275-202(g) minimum for each well type and count.
  • Additional assurance if the director requires it for site, history or compliance reasons.
  • Letter of credit, certificate of deposit or cash accepted as alternatives to a bond.

Arkansas Drilling Permit Bond FAQs:

Should I post per well or blanket?

For production wells it is $3,000 per well or a blanket of $25,000 for up to 25 wells. Once you hold more than eight production wells, the $25,000 blanket costs less in bond amount than separate $3,000 bonds.

I have operated oil wells in Arkansas for years. Do I need this bond?

Not for liquid hydrocarbon wells and their associated Class II wells if you have been a permit holder of record for at least two calendar years. You pay the annual well fees instead. Gas, brine and commercial disposal wells still require assurance.

Do I need a new bond when I buy existing wells?

Yes, if assurance applies to you. The rule requires financial assurance with any application to transfer ownership or operations of an existing well.

What does the bond cost?

The surety prices it on the bond amount, the operator's financial strength and its plugging and compliance history. Blanket and high value disposal well bonds get closer underwriting.

Official and Additional Resources for the Arkansas Drilling Permit Bond:

All Arkansas Oil & Gas Commission bonds · All Arkansas surety bonds