Craig C. Smith is a Partner in the Bismarck office and a member of the Oil and Gas Practice Group. Craig has more than 36 years of experience in all areas of oil and gas law, including the preparation of drilling title opinions, division order title opinions, and acquisition title opinions in North Dakota, Montana, and Wyoming. Craig also represents clients in oil and gas administrative, regulatory, and government affairs.
Craig has represented the oil and gas industry through his efforts on behalf of the North Dakota Petroleum Council (NDPC) for more than three decades. He served as Vice-Chairman and Chairman of the NDPC from 2008 to 2012 and currently serves on the organization’s Executive Committee. He primarily represents the council in legislative and regulatory matters and has drafted and testified on dozens of bills before the Legislature, including:
- Century Code Chapter 61-33.1: Mineral ownership under Lake Sakakawea. Principal author of the 2017 comprehensive legislation resolving mineral ownership of the historical Missouri River channel and Lake Sakakawea created by the Garrison Dam project. Testified before numerous Legislative committees in both the House and Senate. The enacted legislation ultimately resolved disputed title ownership to thousands of mineral acres and was key to allowing horizontal drilling to develop reserves under Lake Sakakawea.
- Century Code Section 38-08-08: Drafted amendment providing operators an election of either 16% royalty or acreage weighted average royalty for force pooled unleased minerals owners.
- Century Code Chapter 38-11.1 – Surface Owner Protection Act: Assisted with drafting and testifying in support of 2011 amendments resolving compensation disputes among operators and surface owners.
- Century Code Chapter 38-18.1 – Dormant Mineral Act: Drafted and testified in support of the 2009 amendments to the original 1984 Act clarifying statutory procedures and resolving future title disputes.
Over the last 30 years, Craig has testified or assisted with testimony and comments on behalf of NDPC and the oil and gas industry, defeating numerous proposed bills adverse to industry interests. He is one of the original incorporators of the North Dakota Petroleum Foundation, and served on the Foundation’s original Board. This nonprofit organization provides educational outreach and promotes environmental stewardship. Craig has also worked with State agencies, including the North Dakota Industrial Commission and the Department of Trust Lands, on the adoption of numerous key regulatory provisions relating to industry activities. He represented multiple companies in the successful achievement of gas royalty settlements with the Department of Trust Lands following the North Dakota Supreme Court decision Newfield v. State of North Dakota.
In 2017, Craig was inducted into the North Dakota Petroleum Council Hall of Fame. In 2018 he was appointed by Governor Doug Burgum as a representative member for North Dakota to the Interstate Oil and Gas Compact Commission (IOGCC).
Craig regularly participates as a speaker at national, state and local energy seminars including the 2018, 2020, and 2022 University of North Dakota Energy Law Symposium, presenting on the topic of Lake Sakakawea and Missouri River mineral title ownership legal and legislative developments, multiple AAPL Annual Meetings, the 2012 National Association of Division Order Analysts Annual Meeting, and Rocky Mountain Mineral Law Foundation Special Institutes. He has participated as a contributing author from 2001 to present for the American Association of Petroleum Landmen Nationwide Comparison of Laws on Leasing, Exploration, and Production representing the states of North Dakota and Montana. He has also authored and presented at national seminars regarding the recent Missouri River ordinary high water mark oil and gas title litigation and other water issues involving the Bakken play.
Craig is actively involved in the Bismarck-Mandan community. He currently serves as Chairman of the Lakewood Architectural Review Committee and Counsel to the Board of Directors of the Lakewood Homeowners Association. Since 2022, he has served as a Commissioner of the City of Mandan Planning and Zoning Commission.