349.035 Application of chapter -- Prohibition of waste -- Permits required --
448 words·~2 min read·
/ky/349-035A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notification to state and federal agencies.
(1)This chapter shall apply to all lands located in the Commonwealth however owned
including lands owned or administered by any government or any agency or
political subdivision thereof, over which the Commonwealth has jurisdiction under
its police power.
(2)The waste of coalbed methane is hereby prohibited. The waste prohibited includes
physical waste as that term is generally understood in the oil, gas, and coalbed
methane industry, giving consideration to coal mining operations and the safe
recovery of coal and includes:
(a)The locating, drilling, equipping, operating, or producing of any coalbed
methane well or wells drilled, deepened, or reopened in a manner that causes
or tends to cause a reduction in the quantity of coalbed methane ultimately
recoverable from a pool under prudent and proper operations, or contrary to
any provision of, or any order, rule or administrative regulation promulgated
or issued under this chapter;
(b)Permitting the migration of coalbed methane from the stratum in which it is
found into other strata, thereby ultimately resulting in the loss of recoverable
coalbed methane;
(c)The drowning with water of any stratum or part thereof capable of producing
coalbed methane in paying quantities, except for secondary recovery purposes,
or in hydraulic fracturing or other completion practices;
(d)The unlawful damage to underground, fresh, or mineral water supply,
coalbeds, or other mineral deposits in the operations for the discovery,
development, production, or handling of coalbed methane;
(e)The unnecessary or excessive loss of coalbed methane by spillage or venting
or destruction of coalbed methane or its constituents; and
(f)The drilling of more wells than are reasonably required to recover efficiently
the maximum amount of coalbed methane from a pool.
(3)For purposes of this chapter, waste does not include coalbed methane vented or
released from any mine area, the degasification of a coal seam for the safe recovery
of coal, the plugging of coalbed methane wells for the safe recovery of coal, or the
conversion of coalbed methane wells to vent holes for the safe recovery of coal.
(4)The sale or use of coalbed methane from any coalbed methane well unless a permit
has been issued as required by KRS 349.040, or in violation of the spacing
provisions of KRS 349.075, shall be prohibited.
(5)No person shall conduct coalbed methane operations unless that person has first
obtained the necessary permits, including surface discharge and underground
injection control permits, as appropriate for the particular operation to be
conducted. The department shall notify state and federal agencies with jurisdiction
over the protection of surface waters and groundwater when permit applications are
filed and shall, to the extent possible, coordinate permit review.