§ 38-25-04 — Permit hearing - Hearing notice

1. The commission shall hold a public hearing before issuing any storage permit.
2. Notice of the hearing must be published for two consecutive weeks in the official
newspaper of the county or counties where the storage reservoir or salt cavern is
proposed to be located and in any other newspaper the commission requires.
Publication deadlines must comply with commission requirements.
3. Written notice of hearing must be mailed to each surface owner of record of land
overlying the storage reservoir or salt cavern and within one-half mile [0.80 kilometer]
of the reservoir's or salt cavern's boundaries. The notice of hearing must be mailed to
an owner's last-known address.
4. If the proposed storage facility contemplates storage of oil or gas in an oil and gas
reservoir, notice of the hearing also must be mailed to each mineral lessee, mineral
owner of record, and pore space owner of record within the storage reservoir and
within one-half mile [0.80 kilometer] of the storage reservoir's boundaries.
5. If the proposed storage facility contemplates storage of oil or gas in a salt cavern,
notice of the hearing must be mailed to each salt mineral lessee, salt mineral owner of
record, and pore space owner of record within the salt cavern outer boundaries and
within one-half mile [0.80 kilometer] of the outer boundaries of the salt cavern, or as
otherwise may be required by the commission.
6. If the storage facility contemplates storage of oil or gas in a saline formation or aquifer,
notice of hearing must be mailed to each pore space owner of record within the
storage reservoir and within one-half mile [0.80 kilometer] of the storage reservoir's
boundaries.
7. Hearing notices required by this section must comply with the deadlines set by the
commission and must contain the information the commission requires.