{"data":{"id":"us-ky/krs-353.630","jurisdiction":"us-ky","citation":"KRS 353.630","heading":"Pooling of oil and gas interests -- Conditions -- Review under KRS 353.700.","body":"(1) Whenever any separate tract of land is so situated because of size or other condition\nthat it does not contain a location at which a well for oil or gas may be dril led,\ndeepened, or reopened by reason of the spacing provisions of KRS 353.610, the\ndepartment shall order, after notice and, for those required to be given notice,\nopportunity for comment within thirty (30) days of the date shown on the postal\nservice proof of mailing or, where notice is provided by publication, within thirty\n(30) days of the date of the publication, the pooling of all oil and gas interests in the\nseparate tract or in a portion thereof with all like interests in a contiguous tract or\ntracts, or portions thereof, as are necessary to afford the pooled tracts one (1)\nlocation for the drilling, deepening, or reopening of a well for the production of oil\nor gas in compliance with the spacing requirements of KRS 353.500 to 353.720.\nThe department shall require the development and operation of all pooled acreage\nas a single leasehold estate in accordance with regulations and rules promulgated\nunder KRS 353.500 to 353.720.\n(2) Whenever an operator proposes to drill, deepen, or reopen a well at a loca tion that\nwould require the pooling of separate tracts or interests in order to comply with the\nspacing requirements of KRS 353.610, and the operator has secured the written\nconsent or agreement from the owners of at least fifty -one percent (51%) of the\ninterests in each tract, or portions thereof, included in the proposed pooled acreage,\nthe department shall, where it finds that the requirements of this subsection have\nbeen met, order, after notice, and for those required to be given notice, opportunity\nfor comment within thirty (30) days of the date shown on the postal service proof of\nmailing or, where notice is provided by publication, within thirty (30) days of the\ndate of the publication, the pooling of all oil and gas interests in all tracts, or\nportions thereof, that are included within the proposed pooled acreage as established\nby the spacing requirements of KRS 353.610. A pooling order shall be made only\nafter the applicant provides notice to all persons reasonably known to own an oil or\ngas interes t in any tract or portion thereof that is proposed to be pooled. For\npurposes of this section, any unknown or nonlocatable owners shall be deemed to\nhave consented or agreed to the pooling, provided that the operator has complied\nwith the publication requi rements of KRS 353.640(1) with respect to the unknown\nor nonlocatable owners. The department shall issue a permit to drill, deepen, or\nreopen the well and require the development and operation of the pooled acreage as\na single leasehold estate in accordanc e with administrative regulations promulgated\nunder KRS 353.500 to 353.720.\n(3) Whenever an operator proposes to drill, deepen, or reopen a well at a location that\nwould require the pooling of interests or tracts in order to comply with the spacing\nrequirements of KRS 353.610, and the operator owns or controls the right to\ndevelop the oil and gas underlying one hundred percent (100%) of the interests in\neach tract, or portions thereof, included in the proposed pooled acreage, the\ndepartment shall, where it finds that the requirements of this subsection have been\nmet, order, after notice and, for those required to be given notice, opportunity for\ncomment within thirty (30) days of the date shown on the postal service proof of\nmailing or, where notice is provi ded by publication, within thirty (30) days of the\ndate of the publication, the pooling of all oil and gas interests in all tracts, or\nportions thereof, that are included within the proposed pooled acreage established\nby the spacing requirements of KRS 353 .610. A pooling order shall be made only\nafter the applicant provides notice to all persons reasonably known to own an oil or\ngas interest in any tract or a portion thereof proposed to be pooled. For purposes of\nthis section, any unknown or nonlocatable ow ners shall be deemed to have\nconsented or agreed to the pooling, provided that the operator has complied with the\npublication requirements as set forth in KRS 353.640(1) with respect to the\nunknown or nonlocatable owners. The department shall issue a permi t to drill,\ndeepen, or reopen the well and require the development and operation of all pooled\ntracts as a single leasehold estate in accordance with administrative regulations\npromulgated under KRS 353.500 to 353.720.\n(4) No pooling as permitted by this section shall be ordered except:\n(a) When an application has been filed to drill, deepen, or reopen a well within\nthe distance limitations prescribed in KRS 353.610; and\n(b) When a lessee or owner of an oil or gas interest in the tract shall request the\npooling.\n(5) No pooling as permitted by this section shall be ordered with respect to any tract or\nportion thereof upon which a well is drilled, deepened, or reopened:\n(a) Unless the pooling was requested prior to the commencement of the drilling,\ndeepening, or reopening of the well by a lessee or owner of an oil and gas\ninterest in a contiguous tract pursuant to subsection (1), (2), or (3) of this\nsection; and\n(b) Unless the request, if made by the owner of an operating interest who elects to\nparticipate in t he risk and cost of the drilling, deepening, or reopening of the\nwell, is accompanied by a bond or other security satisfactory to and in an\namount set by the director for the payment of such owner's share of the cost of\ndrilling, deepening, or reopening the well.\n(6) Production from any well which is ordered pooled pursuant to KRS 353.500 to\n353.720 shall be deemed for all purposes to have been so produced from each tract\nor portion thereof included in the pool in proportion to the amounts established in\nthe pooling order.\n(7) Any order or final determination of the department under this is section shall be\nsubject to review in accordance with KRS 353.700 and any administrative\nregulations promulgated thereunder.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=47762","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:40Z","sha256":"3f31fa7c5e70cb90c8dd122e271de2d9f878dbe35e671bd7f4ff3e8a917f072e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.620","next":"us-ky/krs-353.640"},"notice":"GroundRules: Original legal text. Not legal advice."}