Untitled Texas Attorney General Opinion ( 1985 )

The Attorney General of Texas
Dexmber 31, 1985
JIM MATTOX
Attorney General
Supreme Court Building Mrs. Betty J. Pope, Opinion No. .TM-418
P. 0. BOX 12548 Executive Secretary
Austin. TX. 78711. 2548 Texas Board of Lar.dSurveying Re: Whether plats required by
51Z4752501 Railroad Commission rule to accom-
1106 Clayton Lane, Suite 21OW
Telex 9101874-1367
Telecopier 512/475-02SS
Austin, Texas 7E723 P=Y applications for certain
drilling permits must be prepared
by registered public surveyor
714 Jackson. Suite 700
Dallas, TX. 752024506
2141742.8944
Dear Mrs. Pope:
On behalf of the Texas Board of Land Surveying, you ask whether a
4824 Alberta Ave.. Suite 160 "plat" which accompanies an application form filed with the Texas
El Paso, TX. 793052793 Railroad Commission most be prepared by a public surveyor registered
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
1001 Texas. Suite 700 Railroad Commissicm.for operators of oil, gas, or geothermal resource
Houston, TX. 77002.3111 wells to use in avljlyingfor permits to drill, deeper.,or plug back a
713(223-5886 well, or in apply::ngfor exceptions from the statewide spacing rules.
See Railroad Commc:ssionRules.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
Lubbock, TX. 79401.3479
rule). The rule governing the application procedure states that the
SOS,747-5238 application shall be filed on a form approved by the commission. 16
T.A.C. 93.5(a). This rule was promulgated pursuant to the commis-
sion's authority to make rules to prevent the waste of oil and gas, to
4309 N. Tenth, Suite S
McAllen, TX. 78501.1695
require dry or abandoned wells to be plugged, and to provide for the
51219824547 issuance of permit!3 necessary to enforce rules on the prevention of
waste. Nat. Res. Code §§85.201, 85.202, 86.042.
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
among other items, the drilling unit boundary for the proposed
location; surfact! location of the proposed site; perpendicular
An Equal OppOrtUnitYI distance to the nearest intersecting lease/unit lines and
Affirmative Action Employer survey/section lines; distance to the nearest applied for, permitted,
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?termlnedby measurement from ai existing marker and
p. 1908
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~nsubmitted 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:Cosuuissionstaff to determine if
the proposed wc!l.llocation complies with the
CommSssion's spacing rules. Once the application
is approved, the Couanission's mapping section
plots the proposssdwell 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:hForm 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
p. 1909
Mrs. Betty J. Pope - Page :I &W-418)
f
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?:heRegistered 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 'meansof 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;:Lonof "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.
p. 1910
.
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'ebstersThird 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,eredunder article 5282~. V.T.C.S. If in a
given case, the required i:l:iormationcannot be provided without doing
a survey, or if an app1icar.tchooses 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
p. 1911
.
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
p. 1912