Title XXVIII, Mines and Minerals

for damage to surface -- Restoration of surface. (1) As used in this section: (a) "Person" means any natural person, corporation, firm, partnership, venture, receiver, trustee, executor, administrator, guardian, fiduciary, or other representative of any kind, and includes any gov…

A well operator shall replace the water supply of any owner of interest in real property who obtains all or part of his supply of water for domestic, agriculture, industrial, or other legitimate use from an underground or surface source where the supply has been substantially dis…

(1) Except as provided in KRS 353.500 to 353.720, no permits shall be issued for the drilling, deepening, or reopening of any shallow well for the production of oil, unless the proposed location of the well shall be at least three hundred thirty (330) feet from the nearest minera…

353.700. (1) Notwithstanding KRS 353.610, if an application is submitted for a permit to drill, deepen, or reopen a well closer to a boundary or to another well than prescribed in KRS 353.610 and the application is accompanied by the written consent of all owners of oil and gas i…

(1) Whenever any separate tract of land is so situated because of size or other condition that it does not contain a location at which a well for oil or gas may be drilled, deepened, or reopened by reason of the spacing provisions of KRS 353.610, the department shall order, after…

Limited participation -- Review under KRS 353.700. (1) The operator shall provide a list to the department of all persons reasonably known to own an oil or gas interest in any tract, or portion thereof, proposed to be pooled in an application to the department for a pooling order…

pools -- Application for unit -- Hearing -- Unitization order -- Review under KRS 353.700. This section applies to any lessee or owner of an oil and gas interest in a proposed unit. (1) The department, at its own discretion or upon the application of any lessee or owner of an oil…

Limitation. (1) If one (1) or more of the owners of any operating interest in any portion of the pooled tract shall drill, deepen or reopen and operate, or pay the costs of drilling, deepening or reopening and operating a well for the benefit of another owner of an opening intere…

drilling units -- Pooling of interests -- Exceptions. The following provisions of this section and the administrative regulations promulgated pursuant thereto shall apply to any vertical deep well and any horizontal deep well as indicated: (1) Drilling units for vertical deep wel…

(1) Upon the application of any operator in a deep well pool productive of oil or gas, or both, and other minerals which may be associated and produced therewith and after notice given by the commission to all persons reasonably known to own an interest in the oil or gas in the p…

Each operator shall have the right to take in kind its share of any oil or gas produced from any drilling unit or pool unitized under KRS 353.510, 353.520, 353.565, 353.610, 353.651 to 353.654, 353.700, or 353.991. The operator shall pay the expenses occasioned thereby and pay or…

Nothing contained in KRS 353.510, 353.520, 353.565, 353.610, 353.651 to 353.654, 353.700, or 353.991 shall be construed as authorizing any operator, with or without an order of the commission, to drill upon, enter upon, or use in any manner the surface of any land without the con…

No operator shall utilize shackle rods or related cables for the production of oil or gas.

The well operator shall cause signs printed with the word "DANGER" and other information which may be required by the department to be prominently displayed near or on all facilities used for storage of oil whether the facilities are in active production or have been abandoned.

Confidentiality of information. (1) Any person to whom a permit is issued pursuant to KRS 353.500 to 353.720 shall file, within ninety (90) days after termination of operations conducted under the permit, with the department for transmittal to the Kentucky Geological Survey on fo…

horizontal fracturing treatment of a horizontal well. (1) An operator employing a high-volume horizontal fracturing treatment shall provide notice required under subsection (3) of this section to each surface property owner within one thousand (1,000) feet of the surface location…

volume horizontal fracturing treatment on a deep horizontal well. (1) At least twenty (20) days prior to the commencement of a high-volume horizontal fracturing treatment on a deep horizontal well, an operator shall conduct a baseline water quality test of each down-gradient surf…

(1) A vendor or service provider performing any part of a high-volume horizontal fracturing treatment shall furnish the operator with the information required by subsection (2) of this section, as applicable, and with any information as needed for the operators to comply with thi…

(1) If the vendor, service provider, or operator of a high-volume horizontal fracturing treatment claims that the volume of a chemical or relative concentration of chemical is a trade secret, the operator of the horizontal well shall indicate that claim on the chemical disclosure…

emergency spill or discharge. (1) The director shall direct a vendor, service provider, or operator, as applicable, to immediately disclose information regarding the concentration or mixture of a chemical claimed to be a trade secret to the extent that the disclosure is necessary…

request. (1) The director shall notify the vendor, service provider, or operator, as applicable, within ten (10) days of receipt of a request pursuant to the Kentucky Open Records Act for disclosure of information for which trade secret status has been asserted. The director may …

(1) All rules, regulations and amendments promulgated under KRS 353.500 to 353.720 shall be promulgated by the department after notice and a hearing. At all hearings held to consider any rules, regulations or amendments thereto, any interested person shall be entitled to be heard…

(1) The department shall have the power to summon witnesses, to administer oaths, and to require the production of pertinent records, books, and documents for examination at any hearing or investigation conducted under KRS 353.500 to 353.720. (2) Upon failure or refusal on the pa…

Petition -- Notice -- Hearing -- Report and recommended order of hearing officer -- Final order of secretary -- Judicial review. (1) Any person aggrieved by any final determination made or order issued by the department under this chapter, except any orders of the commission, may…

Attorney General. (1) Whenever it appears that any person is violating or threatening to violate any provision of KRS 353.500 to 353.720, or any rule, regulation or order promulgated or issued under KRS 353.500 to 353.720, the department may bring suit against the person in the F…

(1) KRS 353.500 to 353.720 shall not be construed to authorize any limitation of production of oil or gas from any well, lease, pool, field or property to prevent or control economic waste or to limit production to market demand. (2) Nothing in KRS 353.500 to 353.720 is intended …

exploration activities. It is hereby declared the public policy of the Commonwealth to provide for the safety of underground coal miners employed in areas near or adjacent to oil and gas exploration activities while furthering the policy of the Commonwealth as stated in KRS 353.5…

(1) In order to collect and provide accurate information regarding the location of a well drilled through a workable coal bed, the well operator shall, within thirty (30) days following the drilling of the well, provide to the division a plat which shows the well's as-drilled loc…

workable coal bed. (1) Within ten (10) days of the drilling of the well, the well operator shall have performed, at its expense, a directional survey for any well drilled in an active mining area or an inclination survey for any well drilled through a workable coal bed that is no…

area. Upon the request of a coal operator, a well operator shall perform or cause to be performed a directional survey on any well drilled outside an active mining area within sixty (60) days of the request. The coal operator shall pay all actual costs associated with the survey.…

A coal, oil, or gas operator that has a directional or inclination survey performed pursuant to KRS 353.737 and 353.739 shall provide a copy of the survey to the Division of Oil and Gas. The division shall be responsible for reasonably maintaining and updating all information req…

(1) For gathering lines installed across terrain with a slope of greater than twenty degrees (20º), the well operator shall mark the location of the gathering lines with line markers at interval distances not to exceed two hundred fifty (250) feet. (2) The Division of Oil and Ga…

Nothing in KRS 353.735 to 353.747 shall be deemed an impairment or diminution of correlative rights or a modification of the well spacing requirements in KRS 353.610, except as specifically provided otherwise.

As used in KRS 353.750 to 353.776, unless the context requires otherwise: (1) "Agreement" means a written contract between the authority and any person or persons, firm, corporation, local government, or public entity providing for or relating to the financing of the construction…

(1) There is created and established within the Finance and Administration Cabinet a Kentucky Gas Pipeline Authority composed of the following nine (9) members: (a) The secretary of the Finance and Administration Cabinet or his or her designee; (b) The secretary of the Tourism, A…

(1) If any officers of the authority whose signature, or a facsimile thereof, appears on any bonds of the authority or on any other instruments or documents pertaining to the functions of the authority ceases to be an officer before delivery of the bonds, or before the effective …

The primary purpose of the authority shall be to provide a financing mechanism for projects, as defined in KRS 353.750(5), that will increase severance tax revenue for Kentucky, create jobs for Kentuckians, and create a competitive advantage in environmentally responsible energy …

bonds. (1) The authority may provide for the issuance of revenue bonds to pay any part of the cost of any projects undertaken pursuant to an agreement. The principal and interest on these bonds shall be payable solely from the funds provided for such payment. Any issue may be in …

Bonds issued by the authority under KRS 353.750 to 353.776 shall not constitute a debt of this Commonwealth or any political subdivision thereof or a pledge of the faith and credit of the Commonwealth or any political subdivision. The bonds shall be payable solely from the funds …

In the discretion of the authority, any bonds issued under KRS 353.750 to 353.776 may be secured by a trust indenture or trust indentures by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company in or outsid…

Any holder of bonds issued under KRS 353.750 to 353.776 and the trustee under any trust indenture, except to the extent that rights may be restricted by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any …

Bonds issued by the authority are securities in which all public officers and public bodies, agencies, and instrumentalities of this Commonwealth and its political subdivisions, insurance companies, trust companies, bank associations, investment companies, executors, administrato…

(1) The authority may provide for the issuance of revenue refunding bonds for the purpose of refunding any outstanding bonds that have been issued under KRS 353.750 to 353.776, including the payment of any redemption premium thereon and any interest accrued to the date of redempt…

All moneys received under KRS 353.750 to 353.776, either from the sale of bonds or as revenues, shall be held and applied solely as provided in KRS 353.750 to 353.776. The proceedings or the trust indenture shall provide that any officer with whom, or any bank or trust company wi…

The property of the authority and its income and operation shall be exempt from all taxation by this state or any of its political subdivisions. All bonds and notes of the authority, the interest thereon, and their transfer shall be exempt from all taxation by this state or any o…

Nothing in KRS 45A.045 shall be construed to apply to any project undertaken by the authority pursuant to KRS 353.750 to 353.776.