Kan. Admin. Regs. § 82-3-108 - Well location; exception
(a) General setback
requirement. Except as provided by subsection (b) or (c), an oil well or gas
well shall not be drilled nearer than 330 feet from any lease or unit boundary
line.
(b) Setback requirements for
eastern Kansas.
(1) An oil well that is
drilled to a total depth of less than 2,000 feet and is drilled in one of the
following counties shall not be drilled nearer than 165 feet from the nearest
lease or unit boundary line: Allen, Anderson, Atchison, Bourbon, Brown,
Cherokee, Coffey, Crawford, Douglas, Elk, Franklin, Greenwood, Jackson,
Jefferson, Johnson, Labette, Leavenworth, Linn, Lyon, Miami, Montgomery,
Neosho, Osage, Shawnee, Wilson, Woodson, and Wyandotte.
(2) An oil well that is drilled in Chautauqua
County and is drilled to a total depth of less than 2,500 feet shall not be
drilled nearer than 165 feet from the nearest lease or unit boundary line.
(c) Well location
exception. A well location exception may be granted to permit drilling within
shorter distances than those provided in subsection (a) or (b), whichever is
applicable, and to the acreage attributable and assigned allowables, if these
exceptions are necessary either to prevent waste or to protect correlative
rights. In granting the exception, the acreage attributable to the well and the
assigned allowables shall be considered.
(d) Application for well location exception.
If an exception to this regulation is desired according to subsection (c), an
application shall be submitted to the conservation division. The application
shall contain the following:
(1) A brief
explanation of the exception or exceptions requested;
(2) the proposed location of the well,
including the distance to the nearest lease or unit boundary line;
(3) a list of the following:
(A) Each offset operator whose lease line is
located less than the required distance from the proposed location;
(B) each unleased offset mineral owner whose
property boundary is located less than the minimum distance required by
subsection (a) or (b) from the proposed locations; and
(C) the applicant's lessor or lessors, if the
applicant operates any lease that will be situated less than the minimum
distance required by subsection (a) or (b) from the proposed well location;
(4) the acreage
attributable to the well; and
(5)
the allowable requested.
(e) Additional application requirements. Each
application submitted under subsection (d) shall be accompanied by the proposed
notice of the intention to drill and a plat, drawn to the scale of one inch
equalling 1,320 feet, that accurately shows the following:
(1) The property on which the well is sought
to be drilled;
(2) all other
completed, partially drilled, or permitted wells on the property; and
(3) all adjacent properties and
wells.
(f) Notice;
protest. Notice of the application shall be provided to all parties specified
in paragraphs (d)(3)(A), (d)(3)(B), and (d)(3)(C) of this regulation and shall
be published as required by K.A.R. 82-3-135a(d). If a protest is filed in
accordance with K.A.R. 82-3-135a(e), the application shall be set for hearing
by the commission.
(g) Approval of
intent to drill. Upon the issuance of a written permit by the conservation
division for the well location exception, the proposed notice of intention to
drill shall be approved in accordance with K.A.R. 82-3-103, if all other
applicable requirements for approval have been met.
(h) Allowable required. Each operator of any
well drilled nearer than the minimum distance required by subsection (a) or (b)
from any lease or unit boundary line without a previously obtained well
location exception shall be prohibited from producing either oil or gas until
an appropriate allowable is determined.
(i) Factors considered for allowable.
Whenever authority is granted to drill a well at a location other than a
location specified by this regulation, the allowable shall be determined by the
conservation division for the protection of the correlative rights of all
persons entitled to share in the common source of supply in accordance with
K.A.R. 82-3-207 and K.A.R. 82-3-312.
Notes
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