10-39A-4. Operator to be designated to file returns and pay tax--Tax withheld from owner--Designated operator.Each owner of interests in energy minerals produced from a single well or mine shall designate an operator to file all required returns and to pay the tax due under this chapter. The tax, subject to any provisions to the contrary in any written contract, lease, or other form of agreement, shall be withheld from distributions that would otherwise be made to each owner by the operator for payment to the state. If any owner of interests in energy minerals produced from a single well or mine fails to designate such an operator, then the person designated as operator by the owner of the working interest in the well or mine, or, if no such person has been designated, then the person holding the greatest portion of the working interest in such well or mine, is the designated operator for purposes of this section. Source: SL 1977, ch 93, §4; SL 1978, ch 81, §8; SL 2008, ch 37, §97.
South Dakota Legal Code