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Ky. Rev. Stat. Ann. ch. 353 – Mineral Conservation And Development | Midpage
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Kentucky Revised Statutes
Xxviii
Chapter 353
Ky. Rev. Stat. Ann. ch. 353
Mineral Conservation And Development
Commonwealth of Kentucky
353.010
Definitions for chapter.
353.020
Oil and gas lease or contract, when lessor may avoid.
353.030
Nonproductive well, when lease or contract satisfied by.
353.040
When offset wells to be drilled.
353.050
Plat, showing well, to be filed if well is to extend through coal-bearing strata -- Copies to certain persons.
353.060
Petition to object to location of well -- Notice -- Hearing -- Drilling permit.
353.070
Index of plats -- Agreement permitting well operator to select location.
353.080
Drilling through coal bed.
353.090
Gas found beneath or between coal beds.
353.100
Casings to remain in place during life of productive well.
353.110
Abandonment of well drilled through coal strata -- Plugging of well.
353.120
Method of plugging well drilled through coal-bearing strata.
353.130
Alternative methods that may be used when strata shot.
353.140
Gas escape pipe, when to be used.
353.150
Unused oil, gas or salt water well to be closed to prevent waste.
353.160
Gas waste to be prevented -- Presumption of negligence.
353.170
Putting pressure on strata -- Wells may remain open if conforming to Federal Safe Drinking Water Act.
353.180
Requirements for plugging abandoned well -- Bids -- Remedy for possessor of adjacent land or for department.
353.190
Salt and saltpetre works to be inclosed -- Liability.
353.200
Department for Natural Resources to enforce oil and gas law -- Complaints -- Hearings -- Final order of secretary.
353.205
Department to release production data on crude oil and natural gas.
353.210
Agreement consolidating oil and gas leases may be executed by trustee representing contingent future interests.
353.220
Nature of agreement.
353.230
Petition for court approval -- Affidavits -- Guardian ad litem -- Order of approval.
353.240
Agreement consolidating oil and gas leases may be executed by guardian.
353.250
Nature of agreement.
353.260
Petition for court approval -- Affidavits -- Guardian ad litem -- Order of approval.
353.300
Appointment of trustee to execute mineral lease where contingent future interests are involved.
353.310
Jurisdiction of court.
353.320
Who may institute proceedings.
353.330
Parties -- Representation of minors, mentally disabled, and persons not in being.
353.340
Alignment of parties -- Process.
353.350
Bond of trustee -- Terms of sale of lease.
353.360
Execution of sale of lease -- Report -- Confirmation.
353.370
Separate lease by guardian or conservator unnecessary.
353.380
Disposition of proceeds.
353.400
Legislative declarations concerning availability and reliability of natural gas supplies -- Construction of KRS 353.400 to 353.410.
353.402
Definitions for KRS 353.400 to 353.410.
353.404
Creation of natural gas acquisition authority -- Components of agreement -- Public agency status -- Election of authority formation method.
353.406
Powers of natural gas acquisition authority -- Scope of project capacity.
353.408
Issuance of bonds for benefit of authority.
353.410
Gas sale contracts by gas acquisition authority.
353.460
Definitions.
353.462
Jurisdiction in Circuit Court.
353.464
When court may declare trust and appoint trustee -- Persons authorized to institute proceedings.
353.466
Persons to be joined as defendants -- Verified petition showing effort to locate owners -- Advertisement and lis pendens notice, contents -- Trustee ad litem.
353.468
If advantageous to unknown or missing owner, court may declare trust -- Bond of trustee -- Sale of lease -- Trustee's report -- When court not to authorize trustee's lease -- Trustee to use percentage of funds to search for owner -- Period during which unknown or missing owner may establish identity and title.
353.470
When trustee may convey title in mineral interest to surface owner -- Payment to surface owner -- Final report of trustee -- Termination of trust.
353.472
Payment to surface owner when leased mineral never produced commercially.
353.474
Payment of attorneys' fees, expenses, and court costs.
353.476
When action by unknown or missing owner is barred.
353.500
Declaration of policy of KRS 353.500 to 353.720.
353.510
Definitions for KRS 353.500 to 353.720.
353.520
Territorial application of KRS 353.500 to 353.720 -- Waste of oil and gas prohibited.
353.530
Director of Division of Oil and Gas -- Qualifications -- Duties -- Oath.
353.540
Authority of department -- Jurisdiction.
353.550
Specific authority over oil and gas operators.
353.560
Further authority.
353.561
Determination of abandoned storage tank facility -- Restorative and preventive actions.
353.562
Kentucky Abandoned Storage Tank and Orphan Well Reclamation Program -- Kentucky abandoned storage tank and orphan well reclamation fund -- Use of funds received from federal Infrastructure Investment and Jobs Act -- Initial grants -- Grant types.
353.563
Cabinet's authority to enter property for removal or reclamation of abandoned storage tank facility or improperly abandoned well.
353.564
When owner or prior owner deemed to have waived certain rights -- Cabinet's authority to recover actual and necessary expenses incurred in implementing KRS 353.561 to 353.564 -- Cabinet's powers when seeking cost-efficiency or public benefit -- Administrative regulations.
353.565
Kentucky Oil and Gas Conservation Commission.
353.570
Permit required -- Department may authorize operation prior to issuance of permit.
353.572
Eligibility requirements for permit issuance or transfer under this chapter -- When operator ineligible to receive a permit or become a successor operator, factors considered -- Energy and Environment Cabinet to promulgate administrative regulations relating to compliance with eligibility requirements -- Restoration of eligibility for applicants, operators, and control persons.
353.575
Duty of applicant to meet and confer with permittee if drilling will disturb permitted area.
353.580
Expiration of permit -- Extensions.
353.588
Investigation of abandoned wells -- Application -- Report -- Bond.
353.590
Application for permit -- Fees-- Plat -- Plugging and restoration bonds -- Blanket bonds -- Corporate guarantee -- Use of forfeited funds -- Oil and gas well plugging fund -- Well closure orders -- Requirements for permitted stratigraphic test wells -- Wells not included in "water supply well" -- Review under KRS 353.700.
353.5901
Operations and reclamation plan -- Contents, distribution, and agreement or mediation -- Mediation report -- Review under KRS 353.700.
353.591
Purpose and application of KRS 353.592 and 353.593.
353.592
Powers of the department.
353.593
Appeals to Office of Administrative Hearings.
353.595
Notice to surface owner of intent to drill oil or gas well -- Compensation for damage to surface -- Restoration of surface.
353.597
Replacement of disrupted water supply by well operator.
353.610
Conditions under which permits may be issued -- Exceptions.
353.620
Variance from requirements of KRS 353.610 -- Review under KRS 353.700.
353.630
Pooling of oil and gas interests -- Conditions -- Review under KRS 353.700.
353.640
Pooling order -- Notice -- Provisions -- Surrender or sharing of interest -- Limited participation -- Review under KRS 353.700.
353.645
Operation and development as a unit of oil and gas interests in a pool or pools -- Application for unit -- Hearing -- Unitization order -- Review under KRS 353.700.
353.650
Exclusion of royalty interest in computing share of production -- Limitation.
353.651
Vertical and horizontal deep wells -- Establishment and regulation of drilling units -- Pooling of interests -- Exceptions.
353.652
Unit operation of pool -- Procedure.
353.653
Share of production from drilling unit or unitized pool.
353.654
Drilling without consent of landowner prohibited.
353.655
Use of shackle rods or related cables prohibited.
353.656
Display of danger signs on oil storage facilities.
353.660
Report required after termination of operations -- Contents -- Confidentiality of information.
353.6601
Advance notice to surface owner located within 1,000 feet of high-volume horizontal fracturing treatment of a horizontal well.
353.6602
Baseline water quality testing required prior to commencement of a high-volume horizontal fracturing treatment on a deep horizontal well.
353.6603
Completion of chemical disclosure registry form.
353.6604
Confidentiality of trade secrets -- When disclosure is required.
353.6605
Disclosure of trade secret information to assist in responding to emergency spill or discharge.
353.6606
Treatment of trade secret information in response to open records request.
353.670
Promulgation of regulations -- Hearing -- Written record of hearing.
353.690
Production of evidence -- Failure to comply.
353.700
Administrative review of final determination or order of department -- Petition -- Notice -- Hearing -- Report and recommended order of hearing officer -- Final order of secretary -- Judicial review.
353.710
Suit to enjoin violation -- By department, person adversely affected, Attorney General.
353.720
Construction of KRS 353.500 to 353.720.
353.735
Public policy concerning underground coal mining adjacent to oil and gas exploration activities.
353.737
Location of well drilled through workable coal bed to be provided.
353.739
Survey required for well drilled in an active mining area or through a workable coal bed.
353.741
Survey required when requested for well drilled outside an active mining area.
353.743
Copy of survey to be provided to Division of Oil and Gas.
353.745
Location of well's gathering lines to be marked.
353.747
KRS 353.735 to 353.747 not to affect well spacing requirements.
353.750
Definitions for KRS 353.750 to 353.776.
353.752
Kentucky Gas Pipeline Authority established -- Membership.
353.754
Procedure and organization -- Regulations.
353.756
Purpose of authority -- Powers of the authority.
353.758
Issuance of revenue bonds -- Proceeds of bonds -- Notes or temporary bonds.
353.760
Bonds of authority not debts of Commonwealth.
353.762
Discretionary securing of bonds by trust indentures.
353.764
Enforcement of rights by bond holder or trustee of trust indenture.
353.766
Status of authority bonds as securities.
353.768
Issuance of revenue refunding bonds.
353.770
Treatment of moneys received.
353.772
Exemptions from taxation.
353.774
KRS 45A.045 not applicable to authority projects.
353.776
Reporting of activities.
353.800
Definitions for KRS 353.800 to 353.812. (Effective until July 15, 2026)
353.802
Legislative findings and declarations relating to geologic storage of carbon dioxide. (Effective until July 15, 2026)
353.804
Jurisdiction and authority over geologic storage of carbon dioxide -- Application for and approval of demonstration projects -- Cabinet to testify annually on program's development. (Effective until July 15, 2026)
353.806
Negotiations between storage operators and pore space owners -- Hearings and findings preceding pooling of pore space -- Carbon dioxide wells exempt -- Review under KRS 353.700. (Effective until July 15, 2026)
353.808
Pooling orders -- Requirements for contents of order and notice -- Fees -- Recording of pooling orders with county clerks -- Review under KRS 353.700. (Effective until July 15, 2026)
353.810
Carbon injection wells to be closed and plugged after completion of active injection -- Monitoring for leaking and migration -- Transfer of ownership and liability of storage facilities -- Finance and Administration Cabinet to effect transfer. (Effective until July 15, 2026)
353.812
Cabinet and bordering states to discuss and develop unified approach to subsurface migration -- Reports to Governor and Legislative Research Commission. (Effective until July 15, 2026)
353.990
Penalties.
353.991
Penalties for violation of KRS 353.500 to 353.720 and 353.735 to 353.747.
353.992
Penalties.