2011 Kentucky Revised Statutes
CHAPTER 349 COALBED METHANE DEVELOPMENT
349.050 Requirements and procedures for stimulating workable coal seam -- Contents and construction of agreements to stimulate -- Request for hearing -- Liability of well operator.
349.050 Requirements and procedures for stimulating workable coal seam -Contents and construction of agreements to stimulate -- Request for hearing -Liability of well operator.
If any coal interest holder has objected to the proposed stimulation pursuant to KRS
349.020(1), no permit shall be issued to stimulate a coalbed methane well unless the
applicant has obtained and filed with the department an agreement between the coal
interest holders of any workable coalbed within five hundred (500) horizontal feet
of the proposed coalbed methane well to be stimulated and within the five hundred
(500) foot horizontal radius and fifty (50) vertical feet above or below the workable
coalbed proposed to be stimulated.
The requirement for an agreement to stimulate in this section shall not be construed
to impair, abridge, or affect any contractual rights or obligations arising out of a
contract, lease, deed, or similar agreement which provides for the development of
coalbed methane and stimulation of workable coalbeds between the applicant and
the coal interest holder. The existence of any such contract, lease, deed, or similar
document shall constitute a waiver of the requirement to file an agreement to
stimulate with the department.
An agreement to stimulate shall provide:
(a) That the coal interest holder has been provided with a copy of the permit
application to drill a coalbed methane well and a copy of all plats and
documents which may accompany the application; and
(b) That the coal interest holder agrees to the stimulation of the workable coalbed
as described in the application.
Subject to KRS 349.020(5), in the absence of the applicant submitting the
agreement to stimulate as described herein, the applicant may submit a request for a
hearing before the review board accompanied by an affidavit, or verified statement,
which shall include the following:
(a) A statement that the coal interest holder has refused to sign a written
agreement to stimulate the workable coalbed;
(b) A statement detailing the efforts undertaken to obtain the signed agreement to
(c) A statement that the proposed method of stimulation does not involve the use
of explosives and will not have a significant adverse affect on the mineability
of the workable coalbed, or impair mine safety.
The failure to obtain an agreement to stimulate shall in no way create an inference
or presumption that the method of stimulation proposed by the applicant will harm
the workable coalbed.
Upon receipt of a request for a hearing and an affidavit, or verified statement, as set
forth in this section, the department shall forward the application to the review
board to consider the proposed stimulation, or if other objections or requests are
filed requiring a hearing before the review board, the request may be included for
consideration by the review board along with other matters related to the permit
Any well operator that stimulates a workable coalbed without an agreement to
stimulate from the coal interest holder shall be liable in tort without proof of
negligence for any damages proximately caused by the stimulation to the workable
coalbed, or any other workable coalbed within five hundred (500) horizontal feet of
the coalbed methane well stimulated or within the five hundred (500) foot
horizontal radius and fifty (50) vertical feet above or below the workable coalbed
stimulated and for damages to any mining equipment proximately caused by the
stimulation. The well operator shall be liable for injury, death, or damage to
property proximately caused by the stimulation.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 10, effective July 13, 2004.
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