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353.060 Objections to location of well -- Hearing.
If the drilling of a well on any tract underlaid with coal-bearing strata will endanger the
present or future use or operation of a workable coal bed, the owner or coal operator
affected may, within fifteen (15) days from the receipt of the plat by him and by the
department, file with the department specific objections in writing to the proposed
location, and, if the objections are so filed, the department shall notify the well operator
of the character of the objections and shall fix a time and place for a hearing, to be
conducted in accordance with KRS Chapter 13B, at which hearing the objections shall be
considered. At the hearing, the well operator and the coal operator or owner, in person or
by a representative, shall consider the objections and either agree upon the location as
proposed or change it so as to satisfy all objections and meet the approval of the
department. Any new location thus selected and agreed upon shall be indicated on a plat
in accordance with KRS 353.050 and thereupon the department shall issue to the well
operator a drilling permit approving the new location and authorizing the well operator to
drill at the location. If the coal operator and well operator, or the owner and well operator,
are unable to agree, the department shall by final order, in view of the purposes and intent
of this chapter and in compliance therewith, fix a location on the tract as near the
proposed location as possible and shall issue to the well operator a permit to drill at the
new location. If no objections are filed within the fifteen (15) day period, the department
shall immediately issue to the well operator a drilling permit approving the location and
authorizing the well operator to proceed to drill there.
Effective: July 15, 1996
History: Amended 1996 Ky. Acts ch. 318, sec. 338, effective July 15, 1996. -Amended 1992 Ky. Acts ch. 348, sec. 5, effective July 14, 1992. -- Recodified 1942
Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3766b-7.
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