Natural Resources

Oil, Gas and Mining; Oil and Gas

Rule 3: Drilling and Operating Practices

Effective Date: 07/08/2026

Admin. Code Reference: R649-3

Rule Type: Current Rule

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Amendment

Filing ID: 57979

Rule or section number:

R649-3-26

1. Agency Information

Title catchline:

Natural Resources; Oil, Gas and Mining; Oil and Gas

Building:

Department of Natural Resources

Street address:

1594 W North Temple, Suite 1210

City, state:

Salt Lake City, UT 84116

2. Contact Persons

Name:

Phone:

Email:

Natasha Ballif

801-589-5486

natashaballif@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R649-3-26. Seismic Exploration

B. Purpose of the new rule or reason for the change:

The Division of Oil, Gas and Mining (Division) is updating their bond requirements for Oil and Gas wells, including bond amounts for seismic exploration.

C. Summary of the new rule or change:

This rule filing added a performance bond amount of $10,000 for any seismic exploration conducted in the state.

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

There is a total of one state agency, the Division of Oil, Gas and Mining, that will be associated with this proposed rule change. There will be a fiscal impact of $10,000 per seismic exploration, however, the Division cannot estimate how many operators will conduct seismic exploration activities.

B. Local governments:

No local government fiscal impact is anticipated since this rule only impacts oil and gas operators, the Division, and the Board.

C. Small businesses ("small business" means a business employing 1-49 persons):

There are 303 small business oil and gas operators (for a complete listing of NAICS codes used in this analysis, please contact the agency) in the state of Utah.

There will be a fiscal impact of $10,000 per seismic exploration, however, the Division cannot estimate how many operators will conduct seismic exploration activities.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

There are a total of 4 non-small business oil and gas operators (for a complete listing of NAICS codes used in this analysis, please contact the agency) in the state of Utah.

There will be a fiscal impact of $10,000 per seismic exploration, however, the Division cannot estimate how many operators will conduct seismic exploration activities.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

This rule change will not affect persons other than small businesses, businesses, or local governments as this rule only applies to small and non-small business operators and the Division.

F. Compliance costs for affected persons:

There will be a compliance cost of $10,000, however, the Division cannot estimate how many operators will conduct seismic exploration activities.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Department of Natural Resources, Joel Ferry, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 40-6-1 et seq.

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/01/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

07/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Mick Thomas, Director

Date:

05/11/2026

R649. Natural Resources; Oil, Gas and Mining; Oil and Gas.

R649-3. Drilling and Operating Practices.

R649-3-26. Seismic Exploration.

(1)[.] Form 1, Application for Permit to Conduct Seismic Exploration shall be submitted to the division by the seismic contractor at least

seven days before[prior to] commencing any type of seismic exploration operations. In cases of emergency, approval may be obtained either

verbally or by telegraphic communication.

(a)[1.1.] Changes of plans or line locations may be implemented in an emergency situation without division approval.

(b)[1.2.] Within five days after the change is performed, the seismic contractor shall submit written notice of the change to the division.

(c)[1.3.] The permit may be revoked at any time by the division for failure to comply with the rules and orders of the board.

(d)[1.4.] Any request to deviate from the general plugging and operations procedures of Title R649[these rules] shall be included on the

permit application.

(e)[1.5.] The name, address, and telephone number of the seismic contractor's local contact shall be submitted to the division as soon as

determined if not available when the permit application is submitted.

(f)[1.6.] After review of the application for a seismic permit, the division may require written permission of the owner of the surface of the

affected land if it is determined that the seismic operation may significantly impact any building, pipeline, water well, flowing spring, or other cultural or natural feature in the area.

(g)[1.7.] The permit will be in effect for six months from the date of approval. The permit may be extended upon application to and

approval by the division.

(2)[.] Before beginning any geophysical operations or seismic exploration, the applicant must provide the division a performance bond in

the amount of $10,000.[Bonding shall not be required for seismic exploration requiring the drilling of shot holes.]

(3)[.] Seismic contractors shall give the division at least 24 hours advance notice of the plugging of seismic holes. The notice shall include

the date and time the plugging activities are expected to begin[commence], the name and address of the seismic contractor responsible for the holes,

and, if different, the name and address of the hole plugging company.

(4)[.] Unless the seismic contractor can prove to the satisfaction of the division that another method will provide adequate protection to

ground water resources and other artificial[man-made] or natural features and will provide long-term land stability, the following procedures shall be

required for the conduct of seismic operations and hole plugging:

(a)[4.1.] Seismic contractors shall take reasonable precautions to avoid conducting shot hole operations closer than 1,320 feet to any

building, pipeline, water well, flowing spring, or other cultural[/] or natural feature, such as[e.g.], a historical monument, marker, or structure, that

may be adversely affected by the seismic operations.

(b)[4.2.] When nonartesian water is encountered while drilling seismic shot holes, the holes shall be filled from the bottom up with a high

grade bentonite/water slurry mixture.

(c)[4.3.] The slurry shall have a density that is at least 4%[four percent] greater than the density of fresh water and shall have a marsh

funnel viscosity of at least 60 seconds per quart.

(d)[4.4.] The density and viscosity of the slurry are to be measured before[prior to] adding cuttings. Cuttings not added to the slurry are to

be disposed of in accordance with Subsection (4)(f)[R649-3-26-4.6].

(e)[4.5.] Upon approval by the division, any other suitable plugging material commonly used in the industry may be substituted for the

bentonite/water slurry as long as the physical characteristics of the substitute plugging material are at least comparable to those of the bentonite/water slurry.

(f)[4.6.] The hole shall be filled with the substitute plugging material from the bottom up to a depth of three feet below ground level.

(g)[4.7.] A nonmetallic permaplug shall be set at a depth of three feet. The remaining hole shall be filled and tamped to the surface with

cuttings and native soil.

(h)[4.8.] The permaplug shall be imprinted with an approved identification number or mark.

(i)[4.9.] When drilling with air only, and in completely dry holes, plugging may be accomplished by returning the cuttings to the holes,

tamping the returned cuttings to the depth of three feet below ground level, and setting the permaplug topped with more cuttings and soil. A small mound shall be left over the hole for settling allowance.

(j)[4.10.] If artesian flow, water flowing at the surface, is encountered in the drilling of any seismic hole, cement shall be used to seal off

the water flow to prevent cross-flow, erosion, or contamination of fresh water supplies.

(k)[4.11.] Unless severe weather conditions prevent access, the holes shall be cemented immediately.

(l)[4.12.] Approval may be granted to seismic operator to plug a flowing hole in another manner, if it is proved to this division that the

alternate method will provide adequate protection to ground water resources and provide long term land stability.

(m)[4.13.] The owner of the surface of the land affected may assume liability for a seismic hole capable of conversion to a water well by

sending a letter assuming such liability to the division and by filing an application with and obtaining approval for appropriation of underground water from the Division of Water Rights.

(n)[4.14.] Shotholes shall be properly plugged and abandoned as soon as practical after the shot has been fired.

(o)[4.15.] No shothole shall be left unplugged for more than 30 days without approval of the division.

(p)[4.16.] Until properly plugged, shotholes shall be covered with a tin hat or other similar cover.

(q)[4.17.] The hats shall be imprinted with the seismic contractor's name or initials.

(r)[4.18.] Any slurry, drilling fluids, or cuttings that are deposited on the surface around the seismic hole shall be raked or otherwise spread

out to a height of not more than one inch above the surface, so that the growth of the natural grasses or foliage will not be impaired.

(s)[4.19.] Restoration plans required by the Title 40, Chapter 8, Mined Land Reclamation Act[Mined Land Reclamation Act, Section 40-

8], or by any other surface management agency will be accepted by the division.

(t)[4.20.] The surface area around each seismic shothole shall be reclaimed and reseeded to its original condition insofar as such

restoration is practical and is required by the surface management agency.

(u)[4.21.] Any flagging, stakes, cables, cement, or mud sacks shall be removed from the drill site and disposed of in an acceptable manner.

(5)[.] Upon application to the division, approval may be obtained for preplugging of shotholes using coarse bentonite material or a suitable

alternative used in the industry. Preplugging of holes in this manner shall be performed according to the following procedures:

(a)[5.1.] A sales receipt indicating proof of purchase of an adequate amount of coarse bentonite to properly plug any shotholes shall be

submitted to the division upon request.

(b)[5.2.] For shotholes drilled with air that are completely dry, the seismic contractor shall have the option of preplugging with the coarse

bentonite material or of using an alternate plugging material under Subsection (4)(c)[R649-3-26-4.3].

(c)[5.3.] For conventionally drilled, wet holes, enough approved material shall be used to cover the initial water level, for example[i.e.],

the depth of the initial water level in the hole before[prior] to adding coarse bentonite material shall be equal to the final plug depth.

(d)[5.4.] An additional ten feet of approved material shall be placed above this depth and hole cuttings shall be used to fill the remainder of

the hole to a depth of three feet below ground level.

(e)[5.5.] A nonmetallic plug imprinted with an approved identification number or mark shall be installed at this depth.

(f)[5.6.] The remaining three feet of hole shall be filled and tamped to the surface with cuttings and native soil.

(g)[5.7.] The remaining cuttings shall be raked or spread to a height not to exceed one inch above ground level.

(h)[5.8.] When using heliportable drills and insufficient cuttings are available, the hole shall be preplugged with bentonite plugging

material or an approved alternate material to a depth of three feet below ground level.

(i)[5.9.] Installation of a nonmetallic plug and filling the remainder of the hole shall be performed as required by Subsection R649-3-

26(5)(c)[-5.3].

(j)[5.10.] The coarse bentonite plugging material shall have the following specifications - chemically unaltered sodium bentonite, coarse

ground, three quarter inch maximum size, not more than 19% moisture content and not more than 15% inert solids by volume.

(6)[.] Form 2, Seismic Exploration Completion Report shall be submitted to the [D]division within 60 days after completion of each

seismic exploration project. The report shall include: Certification by the seismic contractor that any shot holes have been plugged as prescribed by the division.

KEY: oil and gas law

Date of Last Change: 2026[December 3, 2025]

Notice of Continuation: June 30, 2025

Authorizing, and Implemented or Interpreted Law: 40-6-1 et seq.; 40-6-5; 40-6-20; 40-6-21

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