KRS 353.610: Conditions under which permits may be issued -- Exceptions.

(1) Except as provided in KRS 353.500 to 353.720, no permits shall be issued for the

drilling, deepening, or reopening of any shallow well for the production of oil,

unless the proposed location of the well shall be at least three hundred thirty (330)

feet from the nearest mineral boundary of the premises upon which the well is to be

drilled, deepened or reopened; and, the proposed location must be at least six

hundred sixty (660) feet from the nearest oil producing well. This subsection shall

not be construed to regulate the distance between wells which do not produce oil

from the same pool.

(2) Except as provided in KRS 353.500 to 353.720, no permit shall be issued for the

drilling, deepening or reopening of any shallow well for the production of gas

unless th e proposed location of the well shall be at least five hundred (500) feet

from the nearest mineral boundary of the premises upon which such well is to be

drilled, deepened or reopened; and, the proposed location must be at least one

thousand (1,000) feet from the nearest gas producing well. This subsection shall not

be construed to regulate the distance between wells which do not produce gas from

the same pool.

(3) This section shall not apply:

(a) To wells drilled, deepened, or reopened for the injection o f water, gas or other

fluids into an oil or gas producing formation.

(b) To any well drilled, deepened or reopened in a pool or portion thereof, which

is included in a secondary recovery program commenced or proposed, if the

location or proposed location o f the well conforms to a geometric pattern

already established on all premises which will be offset and affected by the

well.

(c) To wells drilled or deepened as water supply wells and geological or structure

test holes; or

(d) To premises within the limit s of any incorporated city which has enacted or

enacts hereafter an ordinance regulating the location or spacing of wells for

the production of oil and gas at distances of not less than the distances

prescribed in this section.

(e) To wells for the product ion of oil to be drilled, deepened, or reopened and

completed at a depth of less than two thousand (2,000) feet where there are no

workable beds of coal at lesser depths and the formation from which the oil is

expected to be extracted is not appreciably af fected by factors, as determined

by the commissioner, other than natural drainage. The location of wells for the

production of oil coming within this exception shall be at least two hundred

(200) feet from the nearest boundary of the premises upon which the well is to

be drilled, deepened or reopened; and the proposed location must be at least

four hundred (400) feet from the nearest oil producing well. This subsection

shall not be construed to regulate the distance between wells which do not

produce from the same pool.