{"data":{"id":"us-ky/krs-353.6602","jurisdiction":"us-ky","citation":"KRS 353.6602","heading":"Baseline water quality testing required prior to commencement of a high-","body":"volume horizontal fracturing treatment on a deep horizontal well.\n(1) At least twenty (20) days prior to the commencement of a high -volume horizontal\nfracturing treatment on a deep h orizontal well, an operator shall conduct a baseline\nwater quality test of each down -gradient surface water impoundment or water\nsupply from a groundwater source that is used for domestic, agriculture, industrial,\nor other legitimate use located within one  thousand (1,000) feet of the surface\nlocation of the proposed deep horizontal well. Between three (3) and six (6) months\nfollowing the completion of the deep horizontal well, a subsequent water quality\ntest shall be conducted of the water supply where a baseline sample was collected.\n(2) The water quality tests shall be conducted by a laboratory certified by the cabinet\nfor drinking water quality sampling, and the test analysis shall be submitted to the\nDivision of Oil and Gas and to the water supply owner within thirty (30) days of the\nreceipt of the analysis. Each set of samples collected under this section shall include\nanalysis for:\n(a) pH;\n(b) Total dissolved solids, dissolved methane, dissolved propane, dissolved\nethane, alkalinity, and specific conductance;\n(c) Chloride, sulfate, arsenic, barium, calcium, chromium, iron, magnesium,\nselenium, cadmium, lead, manganese, mercury, and silver;\n(d) Surfactants;\n(e) Benzene, toluene, ethyl benzene, and xylene; and\n(f) Gross alpha and beta particles to determi ne the presence of any naturally\noccurring radioactive materials.\n(3) The Division of Oil and Gas shall develop a form for an operator to document a\nwater supply owner's permission to collect a water sample. An operator is exempt\nfrom the requirements of this section if a water supply owner refuses to grant access\ndespite an operator's good faith efforts to obtain consent to acquire the necessary\nwater quality samples. An operator shall document the good faith efforts used to\nseek consent from the water sup ply owner who refused access to conduct the water\nquality sampling. The operator shall submit the documented good faith efforts to the\nDivision of Oil and Gas.","path":["KRS Chapter 353"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=44245","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:40Z","sha256":"dc280590d512fa9e5ec79f10c619882c02b04d85d122e4a43e8e289a27ff9cb7","source_id":"us-ky","stale":false,"prev":"us-ky/krs-353.6601","next":"us-ky/krs-353.6603"},"notice":"GroundRules: Original legal text. Not legal advice."}