Kentucky Statutes 349.150 – Protection of rights in water resources — Responsibility of operators to protect and preserve water supply
Current as of: 2024 | Check for updates
|
Other versions
(1) Nothing in this chapter shall be construed as affecting, in any way, the right of any person to enforce or protect, under applicable law, his or her interest in water resources affected by a coalbed methane well or related operations.
(2) The operator of a coalbed methane well shall replace the water supply of an owner of an interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the operation of a coalbed methane well.
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 30, effective July 13, 2004.
(2) The operator of a coalbed methane well shall replace the water supply of an owner of an interest in real property who obtains all or part of his or her supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where the supply has been affected by contamination, diminution, or interruption proximately resulting from the operation of a coalbed methane well.
Terms Used In Kentucky Statutes 349.150
- 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
- Domestic: when applied to a corporation, partnership, business trust, or limited liability company, means all those incorporated or formed by authority of this state. See Kentucky Statutes 446.010
- Operator: means any owner of the right to drill, develop, operate, and produce coalbed methane from a pool and to appropriate the coalbed methane produced therefrom, either for himself or herself, or for himself, herself, and others. See Kentucky Statutes 349.010
- Owner: when applied to any animal, means any person having a property interest in such animal. See Kentucky Statutes 446.010
- Person: means any person, corporation, association, partnership, limited liability company, receiver, governmental agency subject to this chapter, trustee, so-called common law or statutory trust, guardian, executor, administrator, or fiduciary of any kind, federal agency, state agency, city, commission, political subdivision of the Commonwealth, or any interstate body. See Kentucky Statutes 349.010
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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
Effective: July 13, 2004
History: Created 2004 Ky. Acts ch. 65, sec. 30, effective July 13, 2004.