§ 349.005 Legislative findings, purpose, and public policy
§ 349.010 Definitions for chapter. (Effective until June 29, 2017)
§ 349.010 v2 Definitions for chapter
§ 349.015 Application for permits — Contents, distribution, and filing of plats — Notice to record owners, licensees, and permittees — Information required to accompany plats or exhibits
§ 349.020 Filing of objections to drilling — Filing of real property interest claims — Issuance of drilling permit — Department to notify Division of Mine Permits of applications to drill — Appeal to review board
§ 349.025 Procedure for plugging and abandoning wells — Request for hearing — Exception — Rights of coal interest holder
§ 349.030 Establishment of rules and procedures for mining through coalbed methane well — Coalbed Methane Well Review Board to hold hearings and issue orders and mine-through certificates — Determination of compensation for all parties interested in coalbed
§ 349.035 Application of chapter — Prohibition of waste — Permits required — Notification to state and federal agencies
§ 349.040 Prohibited drilling activities — Filing requirements for permit application — Appeal — Waiver — Filing of maps and plans — Denial of permit
§ 349.045 Voluntary pooling agreements
§ 349.050 Requirements and procedures for stimulating workable coal seam — Contents and construction of agreements to stimulate — Request for hearing — Liability of well operator
§ 349.055 Coalbed Methane Well Review Board established — Board attached to Department of Natural Resources within Energy and Environment Cabinet
§ 349.060 Powers and duties of Coalbed Methane Well Review Board — Promulgation of administrative regulations
§ 349.065 Authority of Coalbed Methane Well Review Board to hear and rule upon appeals of actions of the Department of Natural Resources — Hearings
§ 349.070 Powers of Coalbed Methane Well Review Board to take actions necessary to prevent waste and protect rights of owners — Objections by holders, lessors, and lessees — Hearings
§ 349.075 Spacing requirements for vertical and horizontal coalbed methane wells
§ 349.080 Authority of Coalbed Methane Well Review Board to issue pooling orders
§ 349.085 Duties of person requesting pooling order — Notice to interested persons — Review board to rule on request for pooling order — Contents of pooling order — Rights and financial shares of interested parties — Escrow account
§ 349.090 Civil actions to review orders issued by Coalbed Methane Well Review Board — Procedure — Jurisdiction of Circuit Court
§ 349.095 Procedure and requirements for drilling coalbed methane well
§ 349.100 Preservation of strings of casing in producing wells
§ 349.105 Procedure for plugging well — Rights and duties of various parties — Restoration of surface
§ 349.110 Department of Natural Resources to supervise drilling, casing, plugging, and filling of coalbed methane wells — Department to hold hearings and issue orders
§ 349.115 Department of Natural Resources to adopt rules and administrative regulations after notice and hearing — Operators to submit production information annually
§ 349.120 Well operators to execute bonds or blanket bonds in favor of department — Establishment of coalbed methane well plugging fund — Operators’ civil and criminal liability
§ 349.125 Permittee to file information for transmittal to the Kentucky Geological Survey — Samples of cuttings — Confidentiality of information — Exception
§ 349.130 Compliance with KRS 353.5901 and 353.595 — Applicants to submit operations and reclamation proposal at time of filing of application
§ 349.135 Expiration of coalbed methane well permit — Extension of permit term
§ 349.140 Establishment of affirmative defense for willful trespass arising from coalbed methane drilling operations
§ 349.145 Authorization for Department of Natural Resources and Attorney General to bring suit in Circuit Court to restrain violations under this chapter
§ 349.150 Protection of rights in water resources — Responsibility of operators to protect and preserve water supply
§ 349.155 Penalties
§ 349.160 Construction and interpretation of chapter

Terms Used In Kentucky Statutes > Chapter 349

  • Abandoned: when used in connection with a well or hole means a well or hole which has never been used, or which, in the opinion of the department, will no longer be used for the production of coalbed methane or the injection or disposal of fluid therein. See Kentucky Statutes 349.010
  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Certified mail: means any method of governmental, commercial, or electronic delivery that allows a document or package to have proof of: (a) Sending the document or package. See Kentucky Statutes 446.010
  • City: includes town. See Kentucky Statutes 446.010
  • Coal interest holder: means every record coal owner, record coal lessee, mine licensee as defined in KRS 352. See Kentucky Statutes 349.010
  • coal seam: means a seam of coal, whether workable or unworkable. See Kentucky Statutes 349.010
  • Coalbed methane: means gas produced from a reservoir found in a coalbed, a mined-out area, or gob. See Kentucky Statutes 349.010
  • Coalbed methane well: means any well drilled, deepened, converted, or reopened for the purpose of capturing coalbed methane for sale or use. See Kentucky Statutes 349.010
  • Commissioner: means the commissioner of the Department for Natural Resources. See Kentucky Statutes 349.010
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Corporation: may extend and be applied to any corporation, company, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Correlative rights: means the reasonable opportunity of each person entitled to recover, without waste, the coalbed methane in and under his or her tract or tracts, or the equivalent thereof. See Kentucky Statutes 349.010
  • Department: means the Department for Natural Resources. See Kentucky Statutes 349.010
  • Director: means the director of the Division of Oil and Gas as established in KRS 353. See Kentucky Statutes 349.010
  • Division: means the Division of Mine Permits in the Department for Natural Resources. See Kentucky Statutes 349.010
  • Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
  • Drilling unit: means the maximum area in a pool which may be drained efficiently by one (1) well so as to produce the reasonable maximum recoverable coalbed methane in the area. See Kentucky Statutes 349.010
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Field rules: means rules established by orders of the review board relating to the drilling, completion, production of, and specifications for coalbed methane wells in a particular geographic area as defined by an order. See Kentucky Statutes 349.010
  • Gob: means the de-stressed zone associated with any full-seam extraction of coal that extends above and below the mined-out coalbed. See Kentucky Statutes 349.010
  • Gob well: means a well drilled or a vent hole converted to a well pursuant to this chapter which produces or is capable of producing coalbed methane for sale or use, from a de-stressed zone associated with any full seam extraction of coal that extends above or below a mined-out coalbed. See Kentucky Statutes 349.010
  • horizontal drilling: means the intentional act of drilling a borehole, shaft, or hole, which deviates from vertical for the purpose of penetrating a coal seam to produce coalbed methane. See Kentucky Statutes 349.010
  • Mine licensee: means the mine licensee as defined in KRS 352. See Kentucky Statutes 349.010
  • Mine permittee: means the permittee as defined in KRS 350. See Kentucky Statutes 349.010
  • Nonparticipating operator: means a nonparticipating working interest owner who is also the operator of the coalbed methane well. See Kentucky Statutes 349.010
  • Nonparticipating working interest owner: means a coalbed methane owner or lessee of a tract included in a drilling unit who elects to share in the operation of the coalbed methane well on a carried basis by agreeing to have his or her proportionate share of the costs allocable to his or her interest charged against his or her share of production from the coalbed methane well. See Kentucky Statutes 349.010 v2
  • Operator: means any owner of the right to drill, develop, operate, and produce coalbed methane from a pool and to appropriate the coalbed methane produced therefrom, either for himself or herself, or for himself, herself, and others. See Kentucky Statutes 349.010
  • Other interested coalbed methane parties: means all working interest owners other than the operator, all royalty and overriding royalty interest owners or holders, and any other party who owns or holds a right or interest in a drilling unit, coalbed methane well site for which a drilling permit has been issued or is pending, and all associated equipment, facilities, infrastructure, and improvements. See Kentucky Statutes 349.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Participating operator: means a participating working interest owner who is also the operator of the coalbed methane well. See Kentucky Statutes 349.010
  • Participating working interest owner: means a coalbed methane owner or lessee who elects to bear a share of the risks and costs of drilling, completing, equipping, operating, plugging, and abandoning a coalbed methane well equal to the proportion which the acreage in the drilling unit he or she owns or holds under lease bears to the total acreage of the drilling unit. See Kentucky Statutes 349.010
  • Partnership: includes both general and limited partnerships. See Kentucky Statutes 446.010
  • Person: means any person, corporation, association, partnership, limited liability company, receiver, governmental agency subject to this chapter, trustee, so-called common law or statutory trust, guardian, executor, administrator, or fiduciary of any kind, federal agency, state agency, city, commission, political subdivision of the Commonwealth, or any interstate body. See Kentucky Statutes 349.010
  • Plat: means a map, drawing, or print showing the location of a well. See Kentucky Statutes 349.010
  • Registered mail: means any governmental, commercial, or electronic method of delivery that allows a document or package to have: (a) Its chain of custody recorded in a register to enable its location to be tracked. See Kentucky Statutes 446.010
  • Review board: means the Coalbed Methane Well Review Board. See Kentucky Statutes 349.010
  • Royalty owner: means any owner of coalbed methane in place, or coalbed methane rights, to the extent that the owner is not an operator as defined in subsection (20) of this section. See Kentucky Statutes 349.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Stimulate: means any action taken to increase the flow of coalbed methane, or the inherent productivity of a coalbed methane well, including but not limited to fracturing, shooting, acidizing, or waterflooding, but excluding cleaning out, bailing, or workover operations. See Kentucky Statutes 349.010
  • Surface owner: means the person in whose name the surface of the land is assessed for purposes of taxes imposed according to the property valuation administrator. See Kentucky Statutes 349.010
  • Sworn: includes "affirmed" in all cases in which an affirmation may be substituted for an oath. See Kentucky Statutes 446.010
  • Unit: means any tract or tracts which the department has determined are underlaid by a pool or pools of coalbed methane and are not drilling units as defined in subsection (10) of this section. See Kentucky Statutes 349.010
  • Unit operator: means the party designated in a pooling order to develop a unit by the drilling of one (1) or more coalbed methane wells. See Kentucky Statutes 349.010
  • Unitization: means the act of combining separately owned tracts or separate interests therein into a unit constituting all or some portion of a coalbed that produces or is capable of producing coalbed methane and the joint operation of that unit. See Kentucky Statutes 349.010 v2
  • Vent hole: means a borehole, shaft driven, or hole dug, drilled, deepened, converted or reopened, which is used for the purpose of releasing or venting coalbed methane to the atmosphere and not for the purpose of capturing or producing coalbed methane for sale or use. See Kentucky Statutes 349.010 v2
  • Venting: means the act of releasing coalbed methane to the atmosphere. See Kentucky Statutes 349.010
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Well: means any borehole, shaft driven, or hole dug, drilled, deepened, converted or reopened for the purpose of capturing or producing coalbed methane for sale or use. See Kentucky Statutes 349.010
  • Workable coalbed: means : (a) Any coalbed twenty-four (24) inches or more in thickness. See Kentucky Statutes 349.010
  • Year: means calendar year. See Kentucky Statutes 446.010