Kentucky Statutes 349.160 – Construction and interpretation of chapter
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(1) Nothing in this chapter shall be construed to preclude any coal interest holder from removing support of the surface and any structure or facilities thereon and other strata as such rights may exist in any severance deed or other contract.
(2) Nothing in this chapter is intended to or shall be construed as superseding, impairing, abridging, or affecting any specific contractual rights or obligations now or hereafter existing between the respective owners of coal, oil, gas, or other minerals, or any interests therein.
(3) Nothing in this chapter shall be construed to, or be used or interpreted to, determine ownership.
(4) Nothing in this chapter shall be construed to, or be used or interpreted to, apply to any well otherwise permitted, approved, or regulated under KRS Chapter 353 except for the wells that are to be converted to or operated as coalbed methane wells.
(5) Nothing in this chapter shall be construed to authorize any limitation of production of coalbed methane from any coalbed methane well, lease, drilling unit, pool, field, or property to prevent or control economic waste or to limit production to market demand.
(6) This chapter shall be liberally construed so as to effectuate the declaration of public policy set forth in KRS § 349.005.
(7) Coalbed methane wells shall not be subject to the provisions of KRS Chapter 353, except as expressly provided in this chapter.
(8) Gathering lines associated with coalbed methane wells shall be regulated under
KRS § 353.500(2) and the regulations promulgated thereunder.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 32, effective July 13, 2004.
(2) Nothing in this chapter is intended to or shall be construed as superseding, impairing, abridging, or affecting any specific contractual rights or obligations now or hereafter existing between the respective owners of coal, oil, gas, or other minerals, or any interests therein.
Terms Used In Kentucky Statutes 349.160
- Coal interest holder: means every record coal owner, record coal lessee, mine licensee as defined in KRS §. See Kentucky Statutes 349.010
- Coalbed methane: means gas produced from a reservoir found in a coalbed, a mined-out area, or gob. See Kentucky Statutes 349.010
- Coalbed methane well: means any well drilled, deepened, converted, or reopened for the purpose of capturing coalbed methane for sale or use. See Kentucky Statutes 349.010
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Drilling unit: means the maximum area in a pool which may be drained efficiently by one (1) well so as to produce the reasonable maximum recoverable coalbed methane in the area. See Kentucky Statutes 349.010
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Well: means any borehole, shaft driven, or hole dug, drilled, deepened, converted or reopened for the purpose of capturing or producing coalbed methane for sale or use. See Kentucky Statutes 349.010
(3) Nothing in this chapter shall be construed to, or be used or interpreted to, determine ownership.
(4) Nothing in this chapter shall be construed to, or be used or interpreted to, apply to any well otherwise permitted, approved, or regulated under KRS Chapter 353 except for the wells that are to be converted to or operated as coalbed methane wells.
(5) Nothing in this chapter shall be construed to authorize any limitation of production of coalbed methane from any coalbed methane well, lease, drilling unit, pool, field, or property to prevent or control economic waste or to limit production to market demand.
(6) This chapter shall be liberally construed so as to effectuate the declaration of public policy set forth in KRS § 349.005.
(7) Coalbed methane wells shall not be subject to the provisions of KRS Chapter 353, except as expressly provided in this chapter.
(8) Gathering lines associated with coalbed methane wells shall be regulated under
KRS § 353.500(2) and the regulations promulgated thereunder.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 32, effective July 13, 2004.