82-1-104. Surety bond -- restoration of surface. (1) Prior to performing such seismic activity, a person, firm, or corporation shall also file with the secretary of state a good and sufficient surety bond in the amount of $10,000 for a single such seismic crew or a blanket surety bond in the amount of $25,000 for all such seismic crews operating within the state for such person, firm, or corporation, which bond shall indemnify the owners of property within this state against such physical damages to such property as may arise as the result of such seismic exploration. Partial or complete forfeiture of the bond must be determined by the appropriate court of civil jurisdiction.
     (2) Unless otherwise agreed as between the owner of the surface and such person, firm, or corporation, it shall be the obligation of such person, firm, or corporation upon completion of exploration to plug all "shot holes" in such a manner as shall be specified by the board of oil and gas conservation to contain any water within its native strata by filling the hole with bentonite mud, cement, or other material approved by the board of oil and gas conservation as required to contain the water and capping the same in a manner and with a material specified by the board, the top of which cap shall be of sufficient depth below the surface of the land to allow cultivation. The portion of the hole above the cap shall be filled with native material.
     (3) Upon completion of any seismic exploration, the person, firm, or corporation shall remove all stakes, markers, cables, ropes, wires, and debris or other material used in such exploration and shall also restore the surface around any shot holes as near as practicable to its original condition.
     (4) The bond shall remain on file with the secretary of state so long as the exploration is carried on or engaged in, plus an additional 5 years thereafter; provided, however, that the aggregate liability of the surety shall in no event exceed the amount of said bond. Upon the filing of such bond, said secretary of state shall issue to the person, firm, or corporation a certificate showing that such bond has been filed and showing the name of the designated resident agent within the state for service of process for such person, firm, or corporation.

     History: En. Sec. 4, Ch. 235, L. 1955; amd. Sec. 1, Ch. 175, L. 1961; amd. Sec. 1, Ch. 272, L. 1977; R.C.M. 1947, 69-3304; amd. Sec. 2, Ch. 116, L. 1983; amd. Sec. 2, Ch. 339, L. 1985.