{"data":{"id":"us-ky/krs-349.050","jurisdiction":"us-ky","citation":"KRS 349.050","heading":"Requirements and procedures for stimulating workable coal seam --","body":"Contents and construction of agreements to stimulate -- Request for hearing --\nLiability of well operator.\n(1) If any coal interest holder has objected to the proposed stimulation pursuant to KRS\n349.020(1), no permit shall be issued to stimulate a coalbed methane well unless the\napplicant has obtained and filed with the department an agreement between the coal\ninterest holders of any workable coalbed within five hundred (500) horizontal  feet\nof the proposed coalbed methane well to be stimulated and within the five hundred\n(500) foot horizontal radius and fifty (50) vertical feet above or below the workable\ncoalbed proposed to be stimulated.\n(2) The requirement for an agreement to stimula te in this section shall not be construed\nto impair, abridge, or affect any contractual rights or obligations arising out of a\ncontract, lease, deed, or similar agreement which provides for the development of\ncoalbed methane and stimulation of workable coa lbeds between the applicant and\nthe coal interest holder. The existence of any such contract, lease, deed, or similar\ndocument shall constitute a waiver of the requirement to file an agreement to\nstimulate with the department.\n(3) An agreement to stimulate shall provide:\n(a) That the coal interest holder has been provided with a copy of the permit\napplication to drill a coalbed methane well and a copy of all plats and\ndocuments which may accompany the application; and\n(b) That the coal interest holder agrees to the stimulation of the workable coalbed\nas described in the application.\n(4) Subject to KRS 349.020(5), in the absence of the applicant submitting the\nagreement to stimulate as described herein, the applicant may submit a request for a\nhearing before the review board accompanied by an affidavit, or verified statement,\nwhich shall include the following:\n(a) A statement that the coal interest holder has refused to sign a written\nagreement to stimulate the workable coalbed;\n(b) A statement detailing the e fforts undertaken to obtain the signed agreement to\nstimulate; and\n(c) A statement that the proposed method of stimulation does not involve the use\nof explosives and will not have a significant adverse affect on the mineability\nof the workable coalbed, or impair mine safety.\n(5) The failure to obtain an agreement to stimulate shall in no way create an inference\nor presumption that the method of stimulation proposed by the applicant will harm\nthe workable coalbed.\n(6) Upon receipt of a request for a hearing and an affidavit, or verified statement, as set\nforth in this section, the department shall forward the application to the review\nboard to consider the proposed stimulation, or if other objections or requests are\nfiled requiring a hearing before the review  board, the request may be included for\nconsideration by the review board along with other matters related to the permit\napplication.\n(7) Any well operator that stimulates a workable coalbed without an agreement to\nstimulate from the coal interest holder s hall be liable in tort without proof of\nnegligence for any damages proximately caused by the stimulation to the workable\ncoalbed, or any other workable coalbed within five hundred (500) horizontal feet of\nthe coalbed methane well stimulated or within the f ive hundred (500) foot\nhorizontal radius and fifty (50) vertical feet above or below the workable coalbed\nstimulated and for damages to any mining equipment proximately caused by the\nstimulation. The well operator shall be liable for injury, death, or dama ge to\nproperty proximately caused by the stimulation.","path":["KRS Chapter 349"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32733","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:34Z","sha256":"c84a778935c41c8bcf060531ef003ddce6c00de0d7cdb57c2f2374609e64b2e2","source_id":"us-ky","stale":false,"prev":"us-ky/krs-349.045","next":"us-ky/krs-349.055"},"notice":"GroundRules: Original legal text. Not legal advice."}