Kansas Statutes 55-178. Abandoned wells; complaint concerning pollution or water loss; commission investigation
Terms Used In Kansas Statutes 55-178
- Abandoned well: means any well that the commission has authority to plug, replug or repair under Kan. See Kansas Statutes 55-191
- Commission: means the state corporation commission. See Kansas Statutes 55-150
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Operator: means a person who is responsible for the physical operation and control of a well, gas gathering system or underground porosity storage of natural gas. See Kansas Statutes 55-150
- Person: means any natural person, partnership, governmental or political subdivision, firm, association, corporation or other legal entity. See Kansas Statutes 55-150
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
- Usable water: means water containing not more than 10,000 milligrams per liter, total dissolved solids. See Kansas Statutes 55-150
- Well: means a hole or penetration of the surface of the earth, drilled or recompleted for the purpose of:
(1) Producing oil or gas;
(2) injecting fluid, air or gas in the ground in connection with the exploration for or production of oil or gas;
(3) obtaining geological information in connection with the exploration for or production of oil or gas by taking cores or through seismic operations;
(4) disposing of fluids produced in connection with the exploration for or production of oil or gas;
(5) providing cathodic protection to prevent corrosion to lines, tanks or structures; or
(6) injecting or withdrawing natural gas. See Kansas Statutes 55-150
(a) Any person who has reason to believe that any abandoned well is causing or is likely to cause the loss of any usable water or pollution of any usable water strata or the imminent loss or pollution of any usable water, because the well has not been plugged, was improperly plugged or the plugging is no longer effective, may file a complaint in writing, so alleging, with the commission secretary. Such complaint shall state the location of the well and why the complainant believes that such well is causing or is likely to cause the loss of any usable water or pollution of any usable water strata or the imminent loss or pollution of any usable water.
(b) Upon receipt of any complaint filed pursuant to this section, the commission shall conduct an investigation for the purpose of determining whether the well is an abandoned well causing or likely to cause loss of any usable water or pollution of any usable water strata or the imminent loss or pollution of any usable water. As a result of the investigation, the commission may take any action or issue any order pursuant to the provisions of the Kansas administrative procedure act as may be appropriate. Proceedings for reconsideration and judicial review of any order shall be conducted in the manner provided pursuant to Kan. Stat. Ann. § 55-606, and amendments thereto.
(c) As used in this section, “abandoned well” means a well that is not claimed on an operator‘s license that is active with the commission and is unplugged, improperly plugged or no longer effectively plugged.