Garaas, et al. v. NDIC, et al.

Citations

• 2026 ND 25

Syllabus

NDIC is a creature of statute and only has the authority expressly granted by the legislature or necessarily implied from the legislature's express grant of authority. Section 38-08-04(1)(c), N.D.C.C., provides NDIC authority to allocate oil and gas production from an overlapping spacing unit to an underlying base spacing unit. NDIC failed to regularly pursue its authority when issuing the order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit because it failed to modify the existing pooling orders under N.D.C.C. § 38-08-07, and failed to follow statutory procedures. An NDIC order allocating oil and gas production from an overlapping spacing unit to an underlying base spacing unit is vacated.