Case Information
*1 The Attorney General of Texas Dexmber 31, 1985 JIM MATTOX
Attorney General Opinion No. .TM-418 Mrs. Betty J. Pope,
Supreme Court Building Executive Secretary P. 0. BOX 12548 Texas Board of Lar.d Surveying Re: Whether plats required by Austin. TX. 78711. 2548 51Z4752501 1106 Clayton Lane, Suite 21OW Railroad Commission rule to accom- Telex 9101874-1367 Austin, Texas 7E723 applications for certain P=Y 512/475-02SS Telecopier drilling permits must be prepared
by registered public surveyor 714 Jackson. Suite 700 Dallas, TX. 752024506 Dear Mrs. Pope: 2141742.8944
On behalf of the Texas Board of Land Surveying, you ask whether a "plat" which accompanies an application form filed with the Texas 4824 Alberta Ave.. Suite 160 Railroad Commission most be prepared by a public surveyor registered El Paso, TX. 793052793 [91515333484] under article 5282c, V.T.C.S., the Land Surveying Practices Act of
1979. Form W-l, about which you inquire, was developed by the Railroad Commissicm. for operators of oil, gas, or geothermal resource 1001 Texas. Suite 700 wells to use in avljlying for permits to drill, deeper., or plug back a Houston, TX. 77002.3111 well, or in apply::ng for exceptions from the statewide spacing rules. 713(223-5886 See Railroad Commc:ssion Rules.codified at 16 T.A.C. 53.5 (application ibdrill or deep~l or plug back); 16 T.A.C. 03.37 (statewide spacing 606 Broadway, Suite 312 rule). The rule governing the application procedure states that the Lubbock, TX. 79401.3479 application shall be filed on a form approved by the commission. 16 SOS,747-5238 T.A.C. 93.5(a). This rule was promulgated pursuant to the commis- 4309 N. Tenth, Suite S McAllen, TX. 78501.1695 [51219824547] waste. Nat. Res. Code §§85.201, 85.202, 86.042. require dry or abandoned wells to be plugged, and to provide for the sion's authority to make rules to prevent the waste of oil and gas, to issuance of permit!3 necessary to enforce rules on the prevention of 2W Main Plaza, Suite 4M) The instructions on Form W-l state that the form must be San Antonio, TX. 78205-2797 accompanied by a r,eat, accurate plat of the lease or unit which shows, 512/225-4191 other items, the drilling unit boundary for the proposed among location; surfact! location of the proposed site; perpendicular distance to the nearest intersecting lease/unit lines and An Equal OppOrtUnitYI survey/section lines; distance to the nearest applied for, permitted, Affirmative Action Employer
or completed well ,or the lease or unit, and section, block, or lot. In particular cas~zs. much of this information will be available from surveys that have already been made. See generally Nat. Res. Code 123.054 (right to inspect county surveyor's plats, maps, and other records); §§34.020, 35.017, 36.016 (surveys and other records of leases on state l.ends filed with General Land Office). Letters submitted in connection with your request state that the position of a new well can be dl?termlned by measurement from ai existing marker and *2 Mrs. Betty 3. Pope - Page i ~(.JM-418)
indicate that this location can be recorded on a map based on a prior survey.
The Railroad Commissit~n submitted the following information about Form W-l:
Appended to the application is a plat or sketch of the well area. , . . Note the instructions for plats on the bad: of this form.
These document:3 are not used in the chain of title, but enable: Cosuuission staff to determine if the proposed wc!l.l location complies with the CommSssion's spacing rules. Once the application is approved, the Couanission's mapping section plots the proposssd well on the county maps in the map room. . . .
From time to time, the exact location of a well may become a ptirotal issue in a contested case. The parties usua:L:Ly resort to a certified plat to settle this fact j.ssue.
In general p:actice. however, some operators submit certified plats, while others submit hand-drawn sketches which conform to the instruc- tions on the bacl:of Form W-l.
Thus, the conm&ssion will xcept a hand drawn sketch as the "plat" it requires to be submitted w.t:h Form W-l.
The request letter, however. expresses the opinion that the plats to be drawn on Form W-l arc! products of public surveying and therefore may be prepared only by it person registered, licensed, or exempted under the Land Surveying Practices Act of 1979. V.T.C.S. art. 5282c, 93. This statute defines "public surveying" as
the practice fez, compensation of determining the boundaries or the topography of real property or of delineating routes, spaces, or sites in real property for public or private use b y relevant elements of law, research, measurement, analysis, comphation, mapping, and land description wrlt~~. Public surveying includes the practice for compensation of land, boundary, or property f,urveying or other similar professional practices. (Emphasis added).
Id. %2(l). The underlinei language, in our opinion, refers to those elements of law, measurement, computation, tipping, etc., which are *3 Mrs. Betty J. Pope - Page :I &W-418)
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relevant to surveying. Those elements and the term "public surveying" receive fuller definition by reference to the history and purpose of regulating surveyors, statutes governing surveys, and custom and practice in the field.
The first Texas stal:utes governing surveyors were enacted to ensure accurate measurement of land grants and public recording of legal title to oatented land. Board of Examiners of State Licensed Laid Surveyors, 'Staff Repclrt to Sunset Advisory Commission (February 20, 1978). In 1919 surveyzrs of unpatented land were made subject to licensing by the Board of Enaminers of State Land Surveyors, and they eventually were authorized to file field notes on all public lands. Id. at 3-4. By 1955 increased subdivision of land and skyrocketing land values made additional accuracy in surveying practices necessary to protect owners and purchasers of land. Texas State Board of Registration for Public Surveyors, Report to the Sunset Advisory Commission at I-l (Octobsrr 30, 1977). The Texas State Board of Registration for Public Surveyors was established to regulate surveying activities rehvant to subdividing land tracts and relocating property lines, boundaries, rights-of-way, easements or elevations. Texas State BtJard of Registration for Public Surveyors, Staff Report to the Suns~st Advisory Commission at 5 (February 20, 1978). The definition in I?:he Registered Public Surveyor Act of 1955 reflected these purposes:
Public Surveying is the science or practice of land measuremen: according to established and recognized methods engaged in and practiced as a profession or tiervice available to the public generally for #:ompensstion, and comprises the determination by 'means of survey, of the location or relocation of land boundaries and land boundary corners ; the calculation of area and the preparation of field note description of surveyed land; the pre)sration of maps showing the boundaries and areas of the subdivision of tracts of land into smaller tracts; the preparation of official plats or maps of said land and subdivisions in compliance with the laws of the State of Texas and the political subdivisions thereof; and such other duties as sound surveying practice would di:rect.
Acts 1955, 54th Leg., ch. 328, 92(b) (formerly codified at art. 5282a, 52(b). The present defini;:Lon of "public surveying" was first adopted in 1977 to.provide a clearer definition of that term. Bill Analysis to S.B. No. 144, 65th Imeg., 1977, for Rouse Committee on State Affairs; Acts 1977, 65th Lq3.. ch. 37 at 72.
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Mrs. Betty J. Pope - Page 4 (JM-418)
, Historically, Texas h,%:, regulated surveyors to eusure that land would be correctly measured and boundaries correctly determined where a high degree of accuracy is necessary to protect the public in laud transactions and to ensure the reliability of land titles. The definition of public surveying does not encompasti all measurements taken within defined boundaries or all graphic representations of those measurements. Cf. Reer v. Fee, 161 N.W. 545, 547 (Iowa 1917) - -- (distinguishes between surveying land and computing area).
The Railroad Commission developed Form W-l for its own use in implementing its rule. It apparently can make permit and spacing decisions based on measurenents that do not reach the high degree of accuracy achieved by surveying. The cornmission, in the exercise of seasonable determination, may decide that applicants can provide it sufficient information wli:hout surveying the well location or resurveying existing boundary lines. Although Form W-l refers to a "plat," this term does not refer to the precise and detailed plat used to record property lines :.n public records. See V.T.C.S. art. 974a (approval and recording of subdivision plats)."Plat" also means a plan, map, or chart. See a'ebsters Third New International Dictionary (1961). The referenceto"plat" in the instructions on Form W-l must be taken in the latter sd?nse. The "plat" filed with the Railroad Commission in connection w:.t:h Form W-l is not required to be prepared by a public surveyor regist,ered under article 5282~. V.T.C.S. If in a given case, the required i:l:iormation cannot be provided without doing a survey, or if an app1icar.t chooses to have a survey done, these must be performed consistently with the requirements of article 5282c, V.T.C.S.
SUMMARY The sketches or "plats" of proposed well locations requiremi to accompany applications to the Railroad C~xnmission for certain drilling permits need not be prepared by a public surveyor registered under article 5282c, V.T.C.S.
JIM MATTOX Attorney General of Texas JACK HIGETOWER
First Assistant Attorney Gt!neral
MARY KELLER
Executive Assistant Attorney General
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Mrs. Betty J. Pope - Page .j (JM-418)
ROBERT GRAY
Special Assistant Attorney General
RICR GILPIN
Chairman, Opinion Committee
Prepared by Susan L. Garrison
Assistant Attorney General