Tex. Nat. Resources Code Section 85.122
Wells Considered as Marginal Wells

Wells that are considered marginal wells include any oil well in this state that is incapable of producing its maximum daily capacity of oil except by pumping, gas lift, or other means of artificial lift and having:

(1)

when producing from a depth of 2,000 feet or less, a maximum daily capacity for production of 10 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;

(2)

when producing from a horizon deeper than 2,000 feet and less in depth than 4,000 feet, a maximum daily capacity for production of 20 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;

(3)

when producing from a horizon deeper than 4,000 feet and less in depth than 6,000 feet, a maximum daily capacity for production of 25 barrels or less, averaged over the preceding 10 consecutive days of stabilized production;

(4)

when producing from a horizon deeper than 6,000 feet and less in depth than 8,000 feet, a maximum daily capacity for production of 30 barrels or less, averaged over the preceding 10 consecutive days of stabilized production; or

(5)

when producing from a horizon deeper than 8,000 feet, a maximum daily capacity for production of 35 barrels or less, averaged over the preceding 10 consecutive days of stabilized production.
Acts 1977, 65th Leg., p. 2521, ch. 871, art. I, Sec. 1, eff. Sept. 1, 1977. Amended by Acts 1983, 68th Leg., p. 325, ch. 73, Sec. 1, eff. May 3, 1983.

Source: Section 85.122 — Wells Considered as Marginal Wells, https://statutes.­capitol.­texas.­gov/Docs/NR/htm/NR.­85.­htm#85.­122 (accessed Jun. 5, 2024).

85.001
Definitions 85.002
Antitrust and Monopoly Statutes 85.011
Supervisors, Deputy Supervisors, and Umpires 85.012
Assistants and Clerical Help 85.013
Persons Enforcing Rules and Orders 85.041
Acts Prohibited in Violation of Laws, Rules, and Orders 85.042
Rules and Orders 85.043
Application of Certain Rules and Orders 85.044
Exempt Purchases 85.045
Waste Illegal and Prohibited 85.046
Waste 85.047
Exclusion from Definition of Waste 85.048
Authority to Limit Production 85.049
Hearing 85.050
Procedure at Hearing 85.051
Adoption of Rule or Order 85.052
Compliance with Rule or Order 85.053
Distribution, Proration, and Apportionment of Allowable Production 85.054
Allowable Production of Oil 85.055
Allowable Production of Gas 85.056
Public Interest 85.057
Restriction on Unexplored Territory 85.058
Commission Inquiry and Determination 85.059
Records 85.060
Sworn Statements and Reports 85.061
Inspection and Gauging 85.062
Examination of Books and Records 85.063
Violations by Corporations 85.064
Action Against Corporation 85.065
Informal Complaint Process Regarding Loss of or Inability to Account for Natural Gas Gathered or Transported 85.121
Definitions 85.122
Wells Considered as Marginal Wells 85.123
Curtailment of Marginal Well Production as Waste 85.124
Rules and Orders Restricting Marginal Wells 85.125
Effect of Other Subchapters 85.201
Adoption of Rules and Orders 85.202
Purposes of Rules and Orders 85.203
Considerations in Adopting Rules and Orders to Prevent Waste 85.204
Prohibited Rules and Orders 85.205
Notice and Hearing 85.206
Emergency Order 85.207
Effect of Amendment, Repeal, or Expiration of a Rule or Order 85.241
Suits by Interested Persons 85.242
Expeditious Trial 85.243
Burden of Proof 85.244
Conditions for Injunctive Relief 85.245
Notice to Commission 85.246
Intervention in Suit 85.247
Rules and Orders Prima Facie Valid 85.248
Bond 85.249
Conditions of Bond 85.250
Changing Amount, Parties, and Sureties 85.251
Suits on Bonds 85.252
Inadmissible Evidence 85.253
Appeal 85.254
Appeal Has Precedence 85.255
Early Decision by Court of Appeals 85.256
Appeal Procedures 85.257
Certified Questions and Writs of Error 85.258
Authority of Court of Appeals to Issue Writs 85.259
Issuance of Writs by Court of Appeals 85.291
Request for Receiver 85.292
Appointment of Receiver and Bond 85.293
Duties of Receiver 85.294
Dissolution of Receivership 85.321
Suit for Damages 85.322
Proceedings Not to Impair Suit for Damages 85.351
Suit for Injunction 85.352
Types of Court Orders 85.353
Appointment of Receiver 85.381
Penalty for Violation of Laws, Rules, and Orders 85.382
Venue 85.383
Suit 85.384
Effect of Recovery or Payment of Penalty 85.385
Persons Aiding or Abetting Violation 85.386
Forging Names on Permits and Tenders 85.387
Procuring Tenders and Permits 85.388
Possessing a Forged Permit or Tender 85.389
Criminal Penalty 85.2021
Drilling Permit Fee 85.3855
Administrative Penalty
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 85.122’s source at texas​.gov