Authority: IC 14-10-2-4; IC 14-37-3

Affected: IC 14-37

Sec. 5. (a) An application for a coal bed methane well permit must include one (1) of the following:

1. (1) Written consent to the drilling of the coal bed methane well from any coal owner and coal lessee identified under section 4 of this rule.
2. (2) Proof of notification of the applicant's intent to apply for a coal bed methane well permit to coal owners and coal lessees identified under section 4 of this rule.

(b) Proof of notification to a coal owner or coal lessee may be demonstrated by either:

1. (1) a certified mail receipt accompanied by a copy of the written notification to the coal owner and coal lessee; or
2. (2) a written statement from the coal owner and coal lessee acknowledging receipt of the notification.

(c) If coal is subject to a lease, the written consents provided by a coal owner and a coal lessee under subsection (a)(1) must include a statement acknowledging the recovery of coal bed methane may result in waste of the commercially minable coal resource.

(d) If coal is not subject to a lease, the written consent provided by the coal owner under subsection (a)(1) must include a statement the coal owner has not leased the coal for coal mining purposes and acknowledging the recovery of coal bed methane may result in waste of a commercially minable coal resource.

(Natural Resources Commission; 312 IAC 29-6-5; filed Dec 1, 2017, 10:35 a.m.: 20171227-IR-312160230FRA; readopted filed Jan 17, 2023, 1:53 p.m.: 20230215-IR-312220328RFA)