Kan. Admin. Regs. § 82-3-402 - Notice of application; objection
(a) Notice
required. Each applicant shall give notice of the application either to those
persons listed in K.A.R. 82-3-135a(c) or according to the provisions of
subsection (b) below. Notice shall be mailed or delivered on or before the date
the application is filed with the conservation division. Notice of the
application shall be published in at least one issue of the official county
newspaper of each county in which the lands involved are located.
(b) Area notice. In lieu of the notice
requirements of K.A.R. 82-3-135a(c), an applicant may provide area notice
utilizing the following procedure:
(1) The
application shall state that area notice in accordance with this regulation is
being utilized and shall state the approximate maximum number of injection
wells that will ultimately be utilized within the project boundaries.
(2) The applicant shall notify
each of the following parties whose acreage lies partially or fully within a
1/2-mile radius of the project boundaries, by mailing or delivering a copy of
the application and notice:
(A) Each operator
or lessee of record;
(B) each
owner of record of the mineral rights of unleased acreage; and
(C) each landowner within the project
boundaries.
(3) Notice
of the application shall be published in at least one issue of the official
county newspaper of each county in which the affected acreage is located, which
shall be defined as a 1/2-mile radius around the project boundary, and shall
contain the following:
(A) The name of the
operator of the enhanced recovery project;
(B) the legal description of the project
acreage;
(C) the proposed maximum
injection rate and pressure;
(D)
the proposed injection formation or formations and approximate depth;
(E) a statement indicating that no
wells will be used for injection that are closer to lease or unit boundary
lines than allowed by field or general state spacing rules unless further
notice is given; and
(F) the
approximate maximum number of injection wells that will ultimately be utilized
in the project.
(4) The
applicant shall file a memorandum of notification with the register of deeds in
each county where the project is located, setting out the information contained
in the published notice. The applicant shall provide proof of this filing to
the conservation division before the application may be approved and a permit
issued.
(5) Notice of application
for additional injection wells added to a project shall be published in at
least one issue of the official county newspaper of the county or counties in
which the well is located, if the well exceeds the required distance from lease
or unit boundary lines as provided by field order or general state spacing
regulations.
(6) The applicant
shall provide notice of application for each additional injection well that is
located less than the required distance from the lease or unit boundary lines,
under the field order or general state spacing regulations. A copy of the
application shall be mailed to each offsetting operator or unleased mineral
owner whose acreage is adjacent to any additional injection well that does not
exceed the required distance from the lease or unit boundary lines under the
field order or general state spacing regulations. Notice of the application
shall be published in at least one issue of the official county newspaper of
the county in which the well is located.
(7) The publication notice specified in
paragraphs (b)(5) and (6) of this regulation shall contain the following
information:
(A) The name of the operator;
(B) the location of proposed
injection wells;
(C) the proposed
maximum injection rate;
(D) the
proposed maximum injection pressure; and
(E) the proposed injection formations and
approximate depth.
(8)
Each application for any significant modifications to the injection permit,
including increasing pressure or rate and changing or adding injection
formations, shall require the notice specified in paragraphs (b)(2), (3), and
(4) of this regulation.
(c) Objection to application. Objections or
complaints shall be filed within 30 days after the notice is published. Each
complaint or objection shall conform to the requirements of K.A.R. 82-3-135b
and shall state the reasons why the proposed plan, as contained in the
application, may cause damage to oil, gas, or fresh and usable water resources.
Notes
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