KRS 353.620: Variance from requirements of KRS 353.610 -- Review under KRS

353.700.

(1) Notwithstanding KRS 353.610, if an application is submitted for a permit to drill,

deepen, or reopen a well closer to a boundary or to another well than prescribed in

KRS 353.610 and the application is accompanied by the written consent of all

owners o f oil and gas interests within the distance prescribed in KRS 353.610,

which will be offset by the proposed well, the department shall issue a permit for

the well.

(2) Notwithstanding KRS 353.610, if an application is submitted for a permit to drill,

deepen, or reopen a well closer to a boundary or to another well than prescribed in

KRS 353.610, and the director determines after notice to all owners of oil and gas

interests within the distance prescribed in KRS 353.610 that topographical or other

factors delineated by subsurface geologic mapping or reservoir analytical data make

compliance with the requirements of KRS 353.610 unduly burdensome, or in

conflict with reasonably prudent methods and practices for the production of oil or

gas, the department may i ssue a permit for the well. The application may include

but not be limited to core analysis, geophysical or electric log data, reservoir

pressure analysis, or other information demonstrating to the satisfaction of the

director that such relief is warranted.

(3) Notwithstanding KRS 353.610, the department shall issue a permit for a well to be

drilled, deepened, or reopened closer to a boundary than prescribed in KRS 353.610

if a pooling order has been issued pursuant to KRS 353.630.

(4) If a permit is issued to drill, deepen, or reopen a well under subsection (1) or (2) of

this section at a location closer to a well or boundary than prescribed in KRS

353.610, the department shall permit a like variance from the requirements of KRS

353.610 on all premises offset and adversely affected by the well.

(5) Any order or final determination of the department under this section shall be

subject to review in accordance with KRS 353.700 and any administrative

regulations promulgated thereunder.