Title XXVIII, Mines and Minerals

strata -- Copies to certain persons. (1) Before a permit may be issued to drill a well on any tract known to be underlaid with coal-bearing strata the well operator shall have a plat prepared showing the exact location of the proposed well utilizing latitudes and longitudes and t…

(1) If the drilling of a well on any tract underlaid with coal-bearing strata will endanger the present or future use or operation of a workable coal bed, the owner or coal operator affected may, within fifteen (15) days from the receipt of the plat by him and by the department, …

The department shall keep a proper index of the plats and locations, and shall keep an accurate record of the proceedings in case of any conference or dispute. Where the well operator is working under any agreement with or from the owner or the coal operator operating the workabl…

(1) A well penetrating one (1) or more workable coal beds shall be drilled in such manner as will, if practicable, exclude all oil, gas or gas pressure from the coal bed, except such as is found in the coal bed itself. Each string of casing that is run through a workable coal bed…

If gas is found beneath a workable coal bed before the hole has been reduced from the size it had at the coal bed, a packer shall be placed below the coal bed and above the gas horizon, and the gas by this means diverted to the inside of the adjacent string of casing through perf…

If any well becomes productive of oil or gas, all coal protecting strings of casing shall remain in place during the life of the well, and the top ends of all the strings shall be provided with casing heads or other suitable devices that will permit the free passage of gas and pr…

Prior to the abandonment of a well drilled through a workable coal bed the well operator shall notify, by certified mail, return receipt requested or by registered mail, the operator or owner of the coal bed and the department of the intention to plug and abandon the well. The no…

When any well drilled through a workable coal bed is abandoned, it shall at that time be plugged to a point forty (40) feet below the lowest workable coal bed, in the following manner: The hole shall be filled with mud, clay or other nonporous material from the bottom to a point …

If any of the strata in the well have been shot, creating cavities that cannot readily be filled in the manner described in KRS 353.120, the well operator shall follow either of the following methods: (1) If the stratum that has been shot is the lowest one in the well, there shal…

When a well has been filled and securely plugged to a point forty (40) feet below the lowest workable coal bed, and in the judgment of the well operator, the coal operator and the department a permanent outlet to the surface is required, the outlet shall be provided in the follow…

(1) Any person in possession as owner, lessee, agent or manager of any well in which oil, gas or salt water has been found shall, unless the product is utilized, close the well within a reasonable time not exceeding three (3) months from the completion of the well, in order to pr…

(1) Except as otherwise provided in this section, natural gas shall not be permitted to waste or escape from any well or pipeline, when it is reasonably possible to prevent such waste, after the owner or operator of the gas, or of the well or pipeline, has had a reasonable time t…

Federal Safe Drinking Water Act. The owner or operator of any well that produces oil or gas may allow the well to remain open for the purpose of introducing air, gas, water, or other liquid pressure into and upon the producing strata for the purpose of recovering the oil, if the …

of adjacent land or for department. (1) No person shall abandon or remove casings from any oil or gas well, either dry or producing, without first plugging the well in a secure manner approved by the department and consistent with its administrative regulations. Upon the departme…

(1) The owner or occupant of any salt works and saltpetre works shall keep those works, and the grounds upon which the brine, bitter water or saltpetre water is drained or deposited inclosed, so as to prevent the stock of other persons from having access thereto. (2) When a well …

-- Hearings -- Final order of secretary. (1) The department shall exercise supervision over the drilling, casing, plugging, and filling of all wells. The department shall exercise supervision over all mining operations in close proximity to any well. The department shall have acc…

(1) The Department of Revenue shall submit to the department on or before September 1 of each year, beginning in 1995 for 1994 production data, statistics on crude oil as reported to the Department of Revenue under the crude oil excise tax requirements of KRS Chapter 137 and stat…

representing contingent future interests. A trustee appointed by any Circuit Court of this state in cases where contingent future interests in land are involved may enter into a consolidation agreement, as defined in KRS 353.220, subject to approval by the Circuit Judge as provid…

A consolidation agreement, within the provisions of KRS 353.210 to 353.230, is an agreement which provides for the consolidation of an oil and gas lease, or some portion thereof, with some other oil and gas lease or leases, or portions thereof, so that the oil and gas leases or p…

approval. (1) Upon the execution of such a consolidation agreement, the trustee shall file with the clerk of the Circuit Court in the county in which the land covered by the lease to be consolidated hereunder, or the greater portion thereof, lies a petition for an order approving…

A guardian of a minor may enter into a consolidation agreement, as defined in KRS 353.250, subject to approval by the Circuit Judge as provided in KRS 353.260. The detailed provisions of such agreement may be such as the court approves, consistently with the provisions of KRS 353…

A consolidation agreement, within the provisions of KRS 353.240 to 353.260, is an agreement which provides for the consolidation of an oil and gas lease, or some portion thereof, with some other oil and gas lease or leases, or portions thereof, so that the oil and gas leases or p…

approval. (1) Upon the execution of such a consolidation agreement, the guardian shall file with the clerk of the Circuit Court in the county in which the land covered by the lease to be consolidated hereunder, or the greater portion thereof, lies a petition for an order approvin…

interests are involved. Where lands, or any estate or interest therein, are subject to any contingent future interest, legal or equitable, by way of remainder, reversion, or possibility of reverter, upon the happening of a condition subsequent, or otherwise, created by deed, will…

The Circuit Court of the county wherein the land sought to be leased, or some portion thereof, is situated shall have jurisdiction of the proceedings authorized under KRS 353.300 to 353.380.

The proceedings provided for by KRS 353.300 to 353.380 may be instituted upon the petition of any one (1) or more of the parties who have a present interest or a contingent interest in the land or estate or interest therein.

being. All of the persons in being who have any present or contingent interest in the lands or estate or interest sought to be leased shall be made parties to the proceedings authorized in KRS 353.300 to 353.380, with any infant or infants being represented either by next friend …

Parties to the proceedings hereunder may be aligned either as plaintiffs or defendants, but there shall be one (1) or more parties plaintiff and one (1) or more parties defendant. In the proceedings authorized hereunder any defendant who does not enter his appearance may be serve…

Should the court appoint a trustee pursuant to KRS 353.300, the court shall, in its decree, require such trustee to give a bond in favor of the owners of the property which is to be leased and shall fix the amount of such bond. The decree of the court shall further provide for al…

The trustee shall proceed, conformably to the provisions of such decree, to sell the lease authorized thereby, and after making such sale shall make a report thereof to the court. Upon filing of such report, the court may hear evidence as to whether or not the sale price is reaso…

If a trustee's lease is granted hereunder, even though one (1) of the parties who has an interest or possible interest in the property covered by such lease is a minor or a person adjudged mentally disabled, no separate guardian's lease or conservator's lease shall be necessary.

All funds received by any trustee appointed under KRS 353.300 to 353.380 shall be held, managed, invested or otherwise dealt with by such trustee under and pursuant to the direction of the court, as the rights and interests of the parties and the equities of the case may require,…

gas supplies -- Construction of KRS 353.400 to 353.410. (1) KRS 353.400 to 353.410 may be cited as the "Natural Gas Acquisition Authority Act." (2) The Kentucky General Assembly hereby recognizes that the availability of reliable and economical supplies of natural gas is vital to…

As used in KRS 353.400 to 353.410, unless the context requires otherwise: (1) "Gas acquisition authority" or "authority" means a natural gas acquisition authority created pursuant to this section; (2) "Bond" means any bond, note, or other evidence of indebtedness issued by an Aut…

-- Public agency status -- Election of authority formation method. (1) Any two (2) or more municipal utilities may enter into an agreement pursuant to KRS 65.240 for the creation of a gas acquisition authority to accomplish their joint and cooperative action in the acquisition, t…

(1) In addition to the powers delegated to it under the agreement described in KRS 353.404(1), a gas acquisition authority shall have all powers necessary or convenient to accomplish the purposes for which it was created, including but not limited to the power to: (a) Exercise al…

(1) Bonds shall be issued by a gas acquisition authority pursuant to KRS 65.270 and this section, provided that, notwithstanding the provisions of KRS 65.270 or any other provision of law, the authority: (a) May issue notes in anticipation of the issuance of bonds, issue bonds fo…

(1) Contracts for the sale of gas from projects or undertakings of a gas acquisition authority shall contain such terms and provisions as the authority determines necessary to provide revenues sufficient to enable the authority to pay its operation, maintenance, and debt service …

The purposes of KRS 353.411 to 353.459 are to: (1) Establish a legal and regulatory framework for the development and approval of underground carbon dioxide sequestration facilities; (2) Designate a government agency responsible for establishing standards and promulgating adminis…

As used in KRS 353.411 to 353.459: (1) "Administratively complete," with respect to an application, means an application for permit approval that the cabinet determines contains: (a) Information addressing each application requirement of the regulatory program; and (b) All inform…

of KRS 353.411 to 353.459. (1) A person shall not construct or operate a carbon dioxide sequestration facility without first securing a: (a) Class VI underground injection control permit from the US EPA or the cabinet; and (b) Drilling permit issued by the cabinet. (2) The inject…

Administrative regulations. (1) Every Class VI underground injection control permit application filed under this section shall: (a) Be on a form prescribed by the cabinet; (b) Be certified by the applicant; and (c) Contain all information specified by administrative regulations p…

(1) Public notice of an application for a Class VI well permit under KRS 353.411 to 353.459 shall allow at least thirty (30) days for public comment. (2) The cabinet shall send the public notice to the applicant, who shall be responsible for publication of the notice pursuant to …

(1) Within sixty (60) calendar days of receiving an application for a Class VI underground injection control well, the cabinet shall provide written notice to the applicant as to the administrative completeness of the application. If the application is determined to be administra…

county clerk. (1) The cabinet shall include in any Class VI underground injection control permit or order all provisions necessary to: (a) Carry out the objectives of KRS 353.411 to 353.459; (b) Protect and adjust the respective rights and obligations of persons affected by a car…

(1) A person shall not drill, deepen, reopen, or convert a well for the purposes of developing a Class VI underground injection control well without first securing drilling permits from the cabinet. (2) To both protect and prevent endangerment of underground sources of drinking w…