§ 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 wh
§ 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 — Admi
§ 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
§ 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
§ 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
§ 353.802 Legislative findings and declarations relating to geologic storage of carbon dioxide
§ 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
§ 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
§ 353.808 Pooling orders — Requirements for contents of order and notice — Fees — Recording of pooling orders with county clerks — Review under KRS 353.700
§ 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
§ 353.812 Cabinet and bordering states to discuss and develop unified approach to subsurface migration — Reports to Governor and Legislative Research Commission
§ 353.990 Penalties
§ 353.991 Penalties for violation of KRS 353.500 to 353.720 and 353.735 to 353.747
§ 353.992 Penalties

Terms Used In Kentucky Statutes > Chapter 353 - Mineral Conservation and Development

  • Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
  • Active mining area: means the area within two hundred (200) feet surrounding current mine works under development, inclusive of the area of five (5) year projections, as indicated on the annually filed mine license map. See Kentucky Statutes 353.010
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • any other state: includes any state, territory, outlying possession, the District of Columbia, and any foreign government or country. See Kentucky Statutes 446.010
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney: means attorney-at-law. See Kentucky Statutes 446.010
  • Baseline: Projection of the receipts, outlays, and other budget amounts that would ensue in the future without any change in existing policy. Baseline projections are used to gauge the extent to which proposed legislation, if enacted into law, would alter current spending and revenue levels.
  • Casing: means a string or strings of pipe commonly placed in wells drilled for natural gas and petroleum. See Kentucky Statutes 353.010
  • Cement: means hydraulic cement properly mixed with water only. See Kentucky Statutes 353.010
  • 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 operator: means any person who proposes to or does operate a coal mine. See Kentucky Statutes 353.010
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the Department for Natural Resources. See Kentucky Statutes 353.010
  • Directional survey: means a survey performed while drilling using continuous measuring technology, a survey made through drilling tools, or other surveys at such intervals to accurately determine the location of the deviated wellbore. See Kentucky Statutes 353.010
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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
  • Engrossed bill: The official copy of a bill or joint resolution passed by a chamber of the legislature.
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Gas: means natural gas. See Kentucky Statutes 353.010
  • Gas well: means any well which:
    (a) Produces natural gas not associated or blended with crude petroleum oil any time during production. See Kentucky Statutes 353.010
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Inclination survey: means a survey performed to measure deviation from the true vertical, irrespective of direction, expressed in degrees. See Kentucky Statutes 353.010
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Joint resolution: A legislative measure which requires the approval of both chambers.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Livestock: means cattle, sheep, swine, goats, horses, alpacas, llamas, buffaloes, or any other animals of the bovine, ovine, porcine, caprine, equine, or camelid species. See Kentucky Statutes 446.010
  • Month: means calendar month. See Kentucky Statutes 446.010
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oil: means petroleum. See Kentucky Statutes 353.010
  • Oil well: means any well which produces one (1) barrel or more of oil to each ten thousand (10,000) cubic feet of natural gas. See Kentucky Statutes 353.010
  • Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
  • Personal property: All property that is not real property.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plat: means a map, drawing, or print showing the location of a well. See Kentucky Statutes 353.010
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • real estate: includes lands, tenements, and hereditaments and all rights thereto and interest therein, other than a chattel interest. See Kentucky Statutes 446.010
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Single Zone Projection: means the Kentucky Single Zone State Plane Coordinate System of 1983, based on Lambert Conformal Conic map projection with double standard parallels on the North American Datum, 1983 version, as established in 10
    KAR 5:010. See Kentucky Statutes 353.010
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Treatment: when used in a criminal justice context, means targeted interventions
    that focus on criminal risk factors in order to reduce the likelihood of criminal behavior. See Kentucky Statutes 446.010
  • True vertical: means the orientation of the well at ninety degrees (90°. See Kentucky Statutes 353.010
  • Trustee: A person or institution holding and administering property in trust.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Unit: means any tract or tracts which the department has determined is underlaid by a pool or pools of oil and associated gas, and is not a "drilling unit" as defined in KRS §. See Kentucky Statutes 353.010
  • Violate: includes failure to comply with. See Kentucky Statutes 446.010
  • Well: means a borehole drilled or proposed to be drilled for the purpose of producing natural gas or petroleum, or one through which natural gas or petroleum is being produced. See Kentucky Statutes 353.010
  • Well operator: means any person who proposes to or does locate, drill, operate, or abandon any well. See Kentucky Statutes 353.010
  • Year: means calendar year. See Kentucky Statutes 446.010