Kan. Admin. Regs. § 82-3-111 - Temporarily abandoned wells; penalty; plugging

(a) Temporary abandonment approval or plugging required. Within 90 days after operations cease on any well drilled for the purpose of exploration, discovery, service, or production of oil, gas, or other minerals, the operator of that well shall perform either of the following:

(1) Plug the well; or

(2) file an application with the conservation division requesting temporary abandonment authority, on a form prescribed by the conservation division.

(b) Approval of temporary abandonment. No well shall be temporarily abandoned as described in subsection (a) unless first approved by the conservation division. If the operations on any temporarily abandoned well or other inactive well are not resumed within one year after the application has been approved, the well shall be deemed a permanently abandoned well, and the operator of the well shall comply with regulations of the commission relating to the plugging of wells. Upon application to the conservation division before the expiration of the oneyear period and for good cause shown, the period may be extended by the conservation division for one year. Additional one-year extensions may be granted by the conservation division. A well shall not be eligible for temporary abandonment status if the well has been shut in for 10 years or more without an application for an exception pursuant to K.A.R. 82-3-100 and approval by the commission. The failure to file a notice of temporary abandonment shall be punishable by a $100 penalty.

(c) Right of denial. After an application for temporary abandonment has been filed, the well shall be subject to inspection by the conservation division to determine whether its temporary abandonment could cause pollution of fresh and usable water resources. If necessary to prevent the pollution of fresh and usable water, temporary abandonment may be denied by the conservation division, and the well may be required to be plugged or repaired according to the direction of the conservation division and in accordance with its regulations.

(d) Plugging of temporarily abandoned wells. At the expiration of any approved temporary abandonment period, each well temporarily abandoned shall be plugged, repaired, or returned to operation in accordance with applicable regulations.

(e) Certain wells exempted. The requirements of this regulation shall not apply to any well that meets all of the following criteria:

(1) The well is fully equipped for production of oil or gas or for injection.

(2) The well is capable of immediately resuming production of oil or gas or of injection.

(3) The well is subject to a valid, continuing oil and gas lease.

(4) The cessation period for the well is less than 365 consecutive days.

(5) The well is otherwise in full compliance with all of the commission's regulations.

(f) Post-exemption requirements. The date on which a well ceases to qualify for the exemption specified in subsection (e) shall be deemed to be the date operations ceased on the well, for purposes of subsection (a).

Notes

Kan. Admin. Regs. § 82-3-111

Authorized by K.S.A. 55-152; implementing K.S.A. 55-152 and 55-164; effective, T-83-44, Dec. 8, 1982; effective May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended April 23, 1990; amended Jan. 25, 2002; amended Oct. 24, 2008.