Before entering upon a site for brine well drilling, except in instances where there are non-state resident surface owners, non-state resident surface tenants, unknown heirs, imperfect titles, surface owners, or surface tenants whose whereabouts cannot be ascertained with reasonable diligence, the operator shall give to the surface owner a written notice of his or her intent to drill containing a designation of the proposed location and the approximate date that the operator proposes to commence drilling.

Such notice shall be given in writing by certified mail to the surface owner. If the operator makes an affidavit that he or she has conducted a search with reasonable diligence and the whereabouts of the surface owner cannot be ascertained or such notice cannot be delivered, then constructive notice of the intent to drill may be given in the same manner as provided for the notice of proceedings to appoint appraisers set forth in Section 521 of this title.

Within five (5) days of the date of delivery or service of the notice of intent to drill, it shall be the duty of the operator and the surface owner to enter into good-faith negotiations to determine the surface damages.

The provisions of Sections 519 through 522 of this title are hereby expressly made inapplicable to the formation of a produced water unit.

Laws 1990, SB 263, c. 255, § 20, eff. September 1, 1990; Amended by Laws 2026, HB 4338, c. 341, § 12, emerg. eff. May 12, 2026 (superseded document available).