If spacing units of different sizes or shapes exist in a pool, the Board of Minerals and Environment shall, if necessary, and if production is limited due to physical waste, adjust the allowable production from any wells drilled in the pool so that each person entitled to a share of the production in each spacing unit has a reasonable opportunity to produce or receive his or her just and equitable share of the production.

Terms Used In South Dakota Codified Laws 45-9-24

  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SDC Supp 1960, § 42.0708 (3) as enacted by SL 1961, ch 211, § 1; SL 2011, ch 165, § 237.