{"data":{"id":"us-ky/krs-349.025","jurisdiction":"us-ky","citation":"KRS 349.025","heading":"Procedure for plugging and abandoning wells -- Request for hearing --","body":"Exception -- Rights of coal interest holder.\n(1) Prior to the abandonment of a coalbed methane well drilled through a workable\ncoalbed, the well operator shall notify, by certified mail, return receipt requested, or\nby registered mail, all the coal interest holders of the workable coalbed and the\ndepartment of the operator's intention to plug and abandon the well. The notice shall\ngive the number of the well and its location, and fix  the time at which the work of\nplugging and filling will be commenced. The time shall not be less than fifteen (15)\ndays after the day on which the notice was received, or in due course should be\nreceived, by the department. The department shall prescribe the form of notice to be\nused. A representative of any coal interest holder, at his or her own expense and\nliability, and of the department may be present at the plugging and filling of the\nwell. Regardless of whether representatives appear, the well opera tor may proceed,\nat the time fixed, to plug and fill the well. When the well is plugged and filled, an\naffidavit setting forth the time and manner in which the well was plugged shall be\nmade in triplicate by two (2) persons experienced in plugging and fill ing wells who\nparticipated in the work. The affidavit shall be made on forms furnished by the\ndepartment. One (1) copy of the affidavit shall be retained by the well operator, one\n(1) provided to each coal interest holder, and one (1) provided to the department.\n(2) In addition to the notification required under subsection (1) of this section, prior to\nthe abandonment of a coalbed methane well the operator shall submit a plugging\nplan which is subject to approval by the department. The proposed plugging pla n\nshall be designed to allow coal mining to occur through the well after the well is\nplugged.\n(3) If a coalbed methane well ceases to produce in paying quantities and no dewatering\noperations are being conducted for a period of fifteen (15) consecutive mon ths, any\ncoal interest holder or any record oil or gas lessor or lessee of any tract being\npenetrated by the coalbed methane well, may file a request for hearing pursuant to\nKRS 349.060, to determine whether the well has been abandoned and should be\nplugged in accordance with this section. However, nothing in this subsection shall\nrequire the plugging and abandonment of a coalbed methane well that is being\ntemporarily shut in by the coalbed methane well operator. Simultaneously with the\nfiling of a request for a hearing with the department, the person requesting the\nhearing shall send a copy of the request to the coalbed methane well operator.\n(4) Any coal interest holder shall have the following rights with respect to a coalbed\nmethane well to be plugged and abandoned:\n(a) To convert the coalbed methane well to a vent hole or otherwise take the\ncoalbed methane well. In this event the department, upon determination that\nthe coal interest holder has placed the coalbed methane well under a mining\npermit, shall release the coalbed methane well operator's bond and the coalbed\nmethane well operator shall be relieved of further responsibility for the\ncoalbed methane well; and\n(b) To file an objection concerning the proposed manner or method of plugging\nwith the department, within fifteen (15) days after receipt of notice of intent to\nplug. The department shall consider any objection and may issue an order\nspecifying the manner and method of plugging and reclamation consistent\nwith this section.\n(5) All coalbed methane wells shall be plugged and abandoned in accordance with this\nsection. The department shall promulgate regulations specifying the manner and\nmethod of plugging vertical and horizontal coalbed methane wells and in so doing,\nor in entering any order for suc h plugging and abandonment, shall give\nconsideration to the ability to mine any affected coal seam safely and the protection\nof any affected coal seam for future mining.","path":["KRS Chapter 349"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32728","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"cd905aa9abcf349ba18343fa62151fcbc63ad863860f4548ce1d117308bf266b","source_id":"us-ky","stale":false,"prev":"us-ky/krs-349.020","next":"us-ky/krs-349.030"},"notice":"GroundRules: Original legal text. Not legal advice."}