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their valuable constituents available for commercial use; to make a collection of typical geological and mineralogical specimens, especially those of economic and commercial importance, such collection constituting the museum of the state mining bureau; to provide a library of books, reports, drawings, bearing upon the mineral industries, and sciences of mineralogy and geology, and arts of mining and metallurgy, such library constituting the library of the state mining bureau; to make a collection of models, drawings and descriptions of the mechanical appliances used in mining and metallurgical processes ; to preserve and so maintain such collections and library as to make them available for reference and examination, and open to public inspection at reasonable hours; to maintain, in effect, a bureau of information concerning the mineral industries of this state, to consist of such collections and library, and to arrange, classify, catalogue, and index the data therein contained, in a manner to make the information available to those desiring it; to issue from time to time such bulletins as he may deem advisable concerning the statistics and technology of the mineral industries of this state.

SEC. 5. It is hereby made the duty of the owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character, within the state, to forward to the state mineralogist, upon his request, at his office not later than the thirtieth day of June, in each year, a detailed report upon forms which will be furnished showing the character of the mine, the number of men then employed, the method of working such mine and the general condition thereof, the total mineral production for the past year, and such owner, lessor, lessee, agent, manager or other person in charge of any mine within the state must furnish whatever information relative to such mine as the state mineralogist may from time to time require for the proper discharge of his official duties. Any owner, lessor, lessee, agent, manager or other person in charge of each and every mine, of whatever kind or character within the state, who fails to comply with the above provisions shall be deemed guilty of a misdemeanor.

SEC. 6. The state mineralogist now performing the duties of the office of state mineralogist shall perform the duties of the office of state mineralogist as in this act provided until the appointment and qualification of his successor as in this act provided.

SEC. 7. The said state mineralogist shall take possession, charge and control of the offices now occupied and used by the board of trustees and state mineralogist and the museum, library and laboratory of the mining bureau located in San Francisco as provided for by a certain act of the legislature approved March 23, 1893, and hereafter referred to in section fourteen hereof, and shall maintain such offices, museum, library and laboratory for the purposes provided in this act.

SEC. 8. Said state mineralogist or qualified assistant shall have full power and authority at any time to enter or examine any and all mines, quarries, wells, mills, reduction works, refining works and other mineral properties or working plants in this state in order to gather data to comply with the provisions of this act.

Sec. 9. The state mineralogist shall make a biennial report to the governor on or before the fifteenth day of September next preceding the regular session of the legislature.

SEC 10. All moneys received by the state mining bureau or any officer thereof (except such as may be paid to them by the state for disbursement) shall be receipted for by the state mineralogist or other officer authorized by him to act in his place and at least once a month accounted for by him to the state controller and paid into the state treasury to the credit of a fund which is hereby created and designated "state mining bureau fund.” All moneys now in the possession of the state mining bureau or any officer thereof received from any source whatsoever, shall be immediately paid over to the state mineralogist and by him accounted for to the controller and paid into the state treasury to the credit of said fund. Said fund shall be used and is hereby appropriated for the use of said bureau in carrying out the purposes of this act.

SEC. 11. The said state mineralogist is hereby authorized and empowered to receive on behalf of this state, for the use and benefit of the state mining bureau, gifts, bequests, devices and legacies of real or other property and to use the same in accordance with the wishes of the donors, and if no instructions are given by said donors, to manage, use, and dispose of the gifts and bequests and legacies for the best interests of said state mining bureau and in such manner as he may deem proper.

SEC. 12. The state mineralogist may, whenever he deems it advisable, prepare a special collection of ores and minerals of California to be sent to or used at any world's fair or exposition in order to display the mineral wealth of the state.

SEC. 13. The state mineralogist is hereby empowered to fix a price upon and to dispose of to the public, at such price, any and all publications of the state mining bureau, including reports, bulletins, maps, registers or other publications, such price shall approximate the cost of publication and distribution. Any and all sums derived from such disposition, or from gifts or bequests made, as hereinbefore provided must be accounted for by said state mineralogist and turned over to the state treasurer to be credited to the mining bureau fund as provided for in section ten. He is also empowered to furnish without cost to public libraries the publications of the bureau, and to exchange publications with other geological surveys and scientific societies, etc.

SEC. 14. The state mineralogist provided for by this act shall be the successor in interest of the board of trustees of the state mining bureau, and the state mineralogist, under and by virtue of that certain act, entitled “An act to provide for the establishment, maintenance, and support of a bureau, to be known as the state mining bureau, and for the appointment and duties of a board of trustees, to be known as the board of trustees of the state mining bureau, who shall have the direction, management, and control of said state mining bureau, and to provide for the appointment, duties, and compensation of a state mineralogist, who shall perform the duties of his office under the control, direction and supervision of the board of trustees of the state mining bureau," approved March 23, 1893, and all books, papers, documents, personal property, records, and property of every kind and description obtained or possessed, or held or controlled by the said board of trustees of the said state mining bureau, and the state mineralogist, and the clerks and employees thereof, under the provisions of said act of March 23, 1893, or any act *supplemental thereto or amendatory thereof, shall immediately be turned over and delivered to the said state mineralogist herein provided for, who shall have charge and control thereof.

SEC. 15. That certain act entitled "An act to provide for the establishment, maintenance, and support of a bureau, to be known as the state mining bureau, and for the appointment and duties of a board of trustees, to be known as the board of trustees of the state mining bureau, and to provide for the appointment, duties and compensation of a state mineralogist, who shall perform the duties of his office under the control, direction, and supervision of the board of trustees of the state mining bureau," approved March 23, 1893, together with all acts amendatory thereof and supplemental thereto and all acts in conflict herewith are hereby repealed.

DEPARTMENT OF PETROLEUM AND GAS.

Chapter 718.

An act establishing and creating a department of the state mining bureau for the

protection of the natural resources of petroleum and gas from waste and destruction through improper operations in production; providing for the appointment of a state oil and gas supervisor; prescribing his duties and powers; fixing his compensation; providing for the appointment of deputies and employees; providing for their duties and compensation; providing for the inspection of petroleum and gas wells; requiring all persons operating petroleum and gas wells to make certain reports; providing procedure for arbitration of departmental rulings; creating a fund for the purposes of the act; providing for assessment of charges to be paid by operators and providing for the collection thereof; and making an appropriation for the purposes of this act.

[Approved June 10, 1915.)

The people of the state of California do enact as follows:

SECTION 1. A separate department of the state mining bureau is hereby established and created to be known as the department of petroleum and gas. Such department shall be under the general jurisdiction of the state mineralogist. He shall appoint a supervisor who shall be a competent engineer or geologist experienced in the development and production of petroleum and who shall be designated the "state oil and gas supervisor," and whose term of office shall be four years from and after the date of his appointment.

SEC. 2. For his services in the general supervision of said department the state mineralogist shall receive as compensation one thousand four hundred dollars annually which shall be in addition to his compensation fixed in section two of the act of June 16, 1913, relating to the state mining bureau. The supervisor shall receive an annual salary of four thousand five hundred dollars, and shall be allowed his necessary traveling expenses. The state mineralogist may appoint necessary clerks, stenographers, and assistants, and prescribe their duties and fix their compensation, within the amount limited in section forty-six hereof and subject to the civil service laws of the state.

The additional salary herein authorized to be paid to the state mineralogist and the salaries of the supervisor and of the deputies, clerks, stenographers, assistants and other employees shall be paid out of the funds hereinafter provided for at the time and in the manner that salaries of other state officers and employees are paid.

SEC. 3. It shall be the duty of the state oil and gas supervisor so to supervise the drilling, operation and maintenance and abandonment of petroleum or gas wells in the state of California, as to prevent, as far as possible, damage to underground petroleum and gas deposits from infiltrating water and other causes and loss of petroleum and natural gas.

SEC. 4. It shall be the duty of the state oil and gas supervisor to appoint not more than four deputies and prescribe their duties, and fix their compensation. Such deputies shall serve during the pleasure of the supervisor. He may also employ an attorney and fix his compensation. The supervisor, the deputies, and the attorney shall not be subject to the civil service act.

SEC. 5. Each deputy appointed by the supervisor shall be a competent engineer oi geologist experienced in the development and production of petroleum. Each deputy shall be assigned certain districts or territory, and shall maintain an office in the district, convenient of access to the petroleum or gas operators therein. The office shall be open and the deputy shall be present at certain specified times which shall be posted at such office.

SEC. 6. It shall be the duty of each deputy, to collect all necessary information regarding the oil wells in the district, with a view to determining the presence and source of water in the oil sand, and to make all maps and other accessories necessary to determine the presence and source of water in the oil sands. This work shall be

done with the view to advising the operators as to the best means of protecting the oil and gas sands, and with a view to aiding the supervisor in ordering tests or repair work at wells. All such data shall be kept on file in the office of the deputy oil and gas supervisor of the respective district.

SEC. 7. The records of any and all operators, when filed with the deputy supervisor as hereinafter provided, shall be open to inspection to those authorized in writing by such operators, to the state officers, and to the board of arbitration hereinafter provided for. Such records shall in no case be available as evidence in court proceedings and no officer or employee or member of any board of arbitration shall be allowed to give testimony as to the contents of said records, except at such court proceedings as are hereinafter provided for in the review of the decision of the state oil and gas supervisor, or a board of arbitration, and in criminal proceedings arising out of such records, or the statements upon which they are based.

SEC. 8. It shall be the duty of the supervisor to order such tests or remedial work as is in his judgment necessary to protect the petroleum and gas deposits from damage by underground water, to the best interest of the neighboring property owners and the public at large. The order shall be in written form, signed by the supervisor, and served upon the owner of the well or his local agent, in the manner provided in section eleven hereof. The order shall specify the work necessary to protect such deposits from damage from underground waters. For this purpose each operator or owner shall designate an agent, giving his post-office address, who resides within the county where the well or wells are located, upon whom all orders and notices provided for in this act may be served.

SEC. 9. The well owner, or his local agent, may within ten days from date of service of order from the supervisor, file with the supervisor, or his deputy in the district where the property is located, a statement that the supervisor's order is not acceptable and that arbitration of the subject is demanded.

SEC. 10. Arbitration of a question which has been the subject of an order by the supervisor shall be accomplished by a board of three members, as follows: (1) The owner of the well or his local agent shall name one member who shall not be directly or indirectly interested in the property, nor employed in its operation. (2) The owners, or their local agents, of wells within a radius of one mile from the affected well, shall name one member of the arbitration board, who shall not be directly or indirectly interested in the property nor employed in its operation. For this purpose the supervisor shall give written notice to each of the said owners or agents. The notice shall specify the time and place of meeting and the fact that it is for the purpose of choosing an arbitrator. The notice shall be published once in a newspaper of general circulation, published in the county where the meeting is to be held, and posted in a conspicuous place at the office of the deputy supervisor at least five days before the time of meeting, and a copy thereof mailed to each of such owners, or their local agents, at the address given, at least five days before the time of meeting. A majority of those attending such meeting shall be sufficient to choose such arbitrator. (3) The third member of the arbitration board shall be chosen by the other members, but if they fail to choose a third member within ten days after the selection of the first two members then such third member shall be chosen by the state mineralogist, and shall not be directly or indirectly interested in the property, nor employed in its operation. The arbitrators chosen as above specified shall each be paid ten dollars per day for each day of actual service, not to exceed thirty dollars each for any one case, upon warrants drawn upon the repair fund hereinafter created, and approved by the state mineralogist. One-half of the cost of arbitration shall be paid by the person demanding it and the board of arbitration may, at its discretion, order that the entire cost of such arbitration shall be paid by such person if it finds that such arbitration has been demanded needlessly or not in good faith.

SEC. 11. Upon receipt by the supervisor or deputy supervisor of a written complaint, signed by one-third of the individuals or corporations owning land or operating wells within a radius of one mile of any well, or group of wells, the supervisor must make an investigation of said well or wells and render a written order stating

the work required to repair the damage complained of, or stating that no work is required. A copy of such order must be delivered to each of the complainants and, if the supervisor order the damage repaired, a copy of such order shall be delivered to each of the owners, or agents, having in charge the wells upon which the work is to be done. Service of such copies shall be by mailing to such persons at the post office address given. Within ten days after the date of mailing of such order any of such complainants may demand arbitration of the matter as provided in section ten of this act. When said complaint is made by a single party against a well or wells, of which there is no financially responsible owner, the supervisor may order the necessary repair work, the expense of which shall be a charge against the complainant collectible as provided in section fourteen.

SEC. 12. In any proceedings before the board of arbitration herein provided for, the supervisor shall have the power to subpoena witnesses and to administer oaths; provided, however, that no person shall be required to attend upon such subpænas, either with or without books, papers, documents or accounts, unless residing within the same county or within thirty miles of the place of attendance, but the supervisor may in such a case cause the deposition of witnesses residing within or without the state, to be taken in the manner prescribed by law for like depositions in civil actions in the superior courts of this state, and to that end may compel the attendance of witnesses and the production of books, papers, and documents at such places as he may designate within the limits hereinbefore prescribed. Witnesses shall be entitled to receive the fees and mileage fixed by law in civil cases. In case of failure on the part of any person to comply with any order of the supervisor, or any subpæna, or upon the refusal of any witness to testify to any matter regarding which he may lawfully be interrogated before the board, it shall be the duty of the superior court or the judge thereof, on application of the supervisor, to compel obedience in the same manner, by contempt proceedings or otherwise, that such obedience would be compelled in a proceeding pending before the court.

SEC. 13. Within ten days after hearing the evidence the arbitration board shall make a written decision ordering such tests or remedial work as is deemed necessary to protect the oil sands from damage by infiltrating water. This written decision shall be served upon the owner or his agent and shall supersede and nullify the previous order of the supervisor provided for in section eight hereof. In case no written decision is made by a board of arbitration within thirty days after the date of notice by the supervisor, as provided in section ten hereof, the order of the supervisor shall be offective and subject only to review by writ of certiorari from the superior court as provided in section fourteen hereof.

SEC. 14. On or before thirty days after the date of serving an order of the supervisor provided for in section eight hereof, or, in case of arbitration, on or before thirty days after date of serving the decision of the board, as provided in sections twelve and thirteen hereof, the owner shall commence in good faith the work ordered, and continue until completion. If the work has not been so commenced and continued to completion the supervisor shall appoint agents as he deems necessary, who shall enter the premises and perform the work. Accurate account of all such expenditures shall be kept and the amount paid from the fund hereinafter created upon the warrant of the state controller. Any amounts so expended shall constitute a lien against the property upon which the work is done. The decision of the board of arbitration or of the supervisor in such a case may be reviewed by writ of certiorari from the superior court of the county in which the district is situated, if taken within thirty days after the signing of the order. If no review is taken or, if taken, the decision of the board is affirmed, the lien upon the property shall be enforced in the same manner that other liens on real property are enforced and shall first be enforced against the owner of the well, against the operator and against the personal property and fixtures used in the construction or operation thereof, and then if there then be any deficiency, against the land upon which the work is done.

SEC. 15. It shall be the duty of the owner of any well now drilled, or that may be drilled, in the state of California, on lands producing or reasonably presumed to

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