2013 Kentucky Revised Statutes
CHAPTER 353 - MINERAL CONSERVATION AND DEVELOPMENT
353.806 Negotiations between storage operators and pore space owners -- Hearings and findings preceding pooling of pore space -- Carbon dioxide wells exempt.

Download as PDF 353.806 Negotiations between storage operators and pore space owners -Hearings and findings preceding pooling of pore space -- Carbon dioxide wells exempt. (1) (2) (3) The storage operator shall negotiate with the pore space owners and acquire rights needed to access the pore space. If, after good-faith negotiation, the storage operator cannot locate or cannot reach an agreement with all necessary pore space owners, but has secured written consent or agreement from the owners of at least fifty-one percent (51%) of the interest in the pore space for the storage facility, the division shall order the pooling of all pore space included within the proposed storage facility if the division: (a) Holds a hearing after notice pursuant to KRS Chapter 13B; and (b) Finds that the requirements of this section and KRS 353.808 have been met. For the purposes of this section, any unknown or nonlocatable owners shall be deemed to have consented or agreed to the pooling, provided that the storage operator has complied with the publication requirements of KRS 353.808. A carbon injection well shall be exempt from the provisions of KRS 353.651 and 353.652 and 805 KAR 1:100, regardless of the depth of the well. Effective:June 8, 2011 History: Created 2011 Ky. Acts ch. 24, sec. 4, effective June 8, 2011.