KRS 353.6602: Baseline water quality testing required prior to commencement of a high-

volume horizontal fracturing treatment on a deep horizontal well.

(1) At least twenty (20) days prior to the commencement of a high -volume horizontal

fracturing treatment on a deep h orizontal well, an operator shall conduct a baseline

water quality test of each down -gradient surface water impoundment or water

supply from a groundwater source that is used for domestic, agriculture, industrial,

or other legitimate use located within one thousand (1,000) feet of the surface

location of the proposed deep horizontal well. Between three (3) and six (6) months

following the completion of the deep horizontal well, a subsequent water quality

test shall be conducted of the water supply where a baseline sample was collected.

(2) The water quality tests shall be conducted by a laboratory certified by the cabinet

for drinking water quality sampling, and the test analysis shall be submitted to the

Division of Oil and Gas and to the water supply owner within thirty (30) days of the

receipt of the analysis. Each set of samples collected under this section shall include

analysis for:

(a) pH;

(b) Total dissolved solids, dissolved methane, dissolved propane, dissolved

ethane, alkalinity, and specific conductance;

(c) Chloride, sulfate, arsenic, barium, calcium, chromium, iron, magnesium,

selenium, cadmium, lead, manganese, mercury, and silver;

(d) Surfactants;

(e) Benzene, toluene, ethyl benzene, and xylene; and

(f) Gross alpha and beta particles to determi ne the presence of any naturally

occurring radioactive materials.

(3) The Division of Oil and Gas shall develop a form for an operator to document a

water supply owner's permission to collect a water sample. An operator is exempt

from the requirements of this section if a water supply owner refuses to grant access

despite an operator's good faith efforts to obtain consent to acquire the necessary

water quality samples. An operator shall document the good faith efforts used to

seek consent from the water sup ply owner who refused access to conduct the water

quality sampling. The operator shall submit the documented good faith efforts to the

Division of Oil and Gas.