KRS 349.140: Establishment of affirmative defense for willful trespass arising from

coalbed methane drilling operations.

In any case where title to subsurface minerals has been severed in such a way that title to

natural gas underlying the tract and title to coal underlying the tract are in different

persons, it shall be an affirmative defense to any action for willful trespass arising from

the drilling, development, operation, and production of coalbed methane from any coal

seam or gob area underlying the tract, t hat the operator of the coalbed methane well

permitted, drilled, completed, and produced the coalbed methane well under color of title

of any instrument, deed, or lease for oil and gas purposes from the gas owner, or any

instrument, deed, or lease for coal mining purposes from the coal owner.