{"data":{"id":"us-ky/krs-349.035","jurisdiction":"us-ky","citation":"KRS 349.035","heading":"Application of chapter -- Prohibition of waste -- Permits required --","body":"Notification to state and federal agencies.\n(1) This chapter shall apply to all lands located in the Commonwealth however owned\nincluding lands owned or administered by any governme nt or any agency or\npolitical subdivision thereof, over which the Commonwealth has jurisdiction under\nits police power.\n(2) The waste of coalbed methane is hereby prohibited. The waste prohibited includes\nphysical waste as that term is generally understood  in the oil, gas, and coalbed\nmethane industry, giving consideration to coal mining operations and the safe\nrecovery of coal and includes:\n(a) The locating, drilling, equipping, operating, or producing of any coalbed\nmethane well or wells drilled, deepened , or reopened in a manner that causes\nor tends to cause a reduction in the quantity of coalbed methane ultimately\nrecoverable from a pool under prudent and proper operations, or contrary to\nany provision of, or any order, rule or administrative regulation promulgated\nor issued under this chapter;\n(b) Permitting the migration of coalbed methane from the stratum in which it is\nfound into other strata, thereby ultimately resulting in the loss of recoverable\ncoalbed methane;\n(c) The drowning with water of any s tratum or part thereof capable of producing\ncoalbed methane in paying quantities, except for secondary recovery purposes,\nor in hydraulic fracturing or other completion practices;\n(d) The unlawful damage to underground, fresh, or mineral water supply,\ncoalbeds, or other mineral deposits in the operations for the discovery,\ndevelopment, production, or handling of coalbed methane;\n(e) The unnecessary or excessive loss of coalbed methane by spillage or venting\nor destruction of coalbed methane or its constituents; and\n(f) The drilling of more wells than are reasonably required to recover efficiently\nthe maximum amount of coalbed methane from a pool.\n(3) For purposes of this chapter, waste does not include coalbed methane vented or\nreleased from any mine area, t he degasification of a coal seam for the safe recovery\nof coal, the plugging of coalbed methane wells for the safe recovery of coal, or the\nconversion of coalbed methane wells to vent holes for the safe recovery of coal.\n(4) The sale or use of coalbed meth ane from any coalbed methane well unless a permit\nhas been issued as required by KRS 349.040, or in violation of the spacing\nprovisions of KRS 349.075, shall be prohibited.\n(5) No person shall conduct coalbed methane operations unless that person has first\nobtained the necessary permits, including surface discharge and underground\ninjection control permits, as appropriate for the particular operation to be\nconducted. The department shall notify state and federal agencies with jurisdiction\nover the protection of surface waters and groundwater when permit applications are\nfiled and shall, to the extent possible, coordinate permit review.","path":["KRS Chapter 349"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32730","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"6edcfe96b2a9161b18c8db9853547075843e925f99440019afa1acc2dd79b87a","source_id":"us-ky","stale":false,"prev":"us-ky/krs-349.030","next":"us-ky/krs-349.040"},"notice":"GroundRules: Original legal text. Not legal advice."}