reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-151 Application of intent to drill wells, required information; notification of surface owner; fee and contents; information to department of health and environment and county clerk; approval of application, when; conditions; compliance with rules and regulations.

55-151.
Application of intent to drill wells, required information; notification of surface owner; fee and contents; information to department of health and environment and county clerk; approval of application, when; conditions; compliance with rules and regulations.
(a) Prior to the drilling of any well, every operator shall file an application of intent to drill with the commission. Such application shall include such information as required by the commission, including the name and address of the surface owner, and shall be on a form prescribed by the commission. Such application shall also include non-binding preliminary estimates of the location of roads of ingress or egress, any tank battery and any pipeline or electrical line. The commission shall, upon receipt of such application, send a copy of such application to the named surface owner, as well as the contact information, including name, address, phone number, fax or email address, for a designated representative of the applicant. The commission need not send such information if the operator verifies that the application filed with the commission has been delivered to the surface owner.
(b) No change in the use of a well shall be made without express approval of the commission. The state corporation commission shall have the authority to adopt rules and regulations to fix, charge and collect a fee for an application of intent to drill a well, except that such fee for an application of intent to drill a well shall not exceed $300. No drilling shall be commenced until the authorized agents of the commission have approved the application. The agent, in giving approval, shall determine that the proposed construction of the well will protect all usable waters. Such approval shall include the amount of pipe necessary to protect all usable water, plugging requirements upon abandonment and such other requirements deemed appropriate by the commission. The commission may refuse to process any application submitted pursuant to this section unless the applicant has been in compliance with all rules and regulations adopted pursuant to this act.
(c) The commission shall make available to the secretary of the department of health and environment information related to all notifications of intents to drill. The commission shall make available to the clerk of any county in which a well will be drilled information related to the intent to drill for such well.
History:
L. 1982, ch. 228, § 2; L. 1986, ch. 201, § 8; L. 1986, ch. 203, § 2; L. 2007, ch. 119, § 1; L. 2009, ch. 127, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-152 Rules and regulations; recommendations of advisory committee; annual review of drilling methods.

55-152. Rules and regulations; recommendations of advisory committee; annual review of drilling methods.
(a) The commission shall adopt such rules and regulations necessary for the implementation of this act including provisions for the construction, operation and abandonment of any well and the protection of the usable water of this state from any actual or potential pollution from any well. The commission may also promulgate rules and regulations necessary for the supervision and disclosure of any well on which a hydraulic fracturing treatment is performed. Any such rules and regulations relating to wells providing cathodic protection to prevent corrosion to lines shall not preempt existing standards and policies adopted by the board of directors of a groundwater management district if such standards and policies provide protection of fresh water to a degree equal to or greater than that provided by such rules and regulations. No rules and regulations promulgated pursuant to this section shall be adopted by the commission until recommendations have been received from the advisory committee established by K.S.A. 55-153, and amendments thereto.
(b) The commission annually shall review current drilling methods, geologic formation standards, plugging techniques and casing and cementing standards and materials. Based on such review, the commission, if necessary, shall amend its rules and regulations to reflect any changes to be made in such methods, standards, techniques and materials from the previous year.
History:
L. 1982, ch. 228, § 3; L. 1986, ch. 201, § 9; L. 1992, ch. 68, § 2; L. 2012, ch. 101, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-153 Advisory committee on regulation of oil and gas activities.

55-153.
Advisory committee on regulation of oil and gas activities.
There is hereby established the advisory committee on regulation of oil and gas activities to be composed of 12 members. One member shall be appointed by each of the following associations: Kansas petroleum council, Kansas independent oil and gas association and eastern Kansas oil and gas association. One member shall be appointed jointly by the Kansas farm bureau and Kansas livestock association and such person shall be an owner of a surface interest. One member shall be appointed jointly by the southwest Kansas royalty owners association and the eastern Kansas royalty owners association and such person shall be an owner of a mineral interest. One member shall be appointed by the governor from the general public. One member shall represent groundwater management districts and shall be appointed jointly by the presidents of each groundwater management district. All such appointees shall serve at the pleasure of the appointing authority. The following state agencies shall designate a person as a member of such committee: The commission, the department of health and environment, the Kansas geological survey, the Kansas water office and the division of water resources of the Kansas department of agriculture. The designated person of the commission shall be the chairperson of the advisory committee. The committee shall meet at least once each quarter calendar year and upon the call of the chairperson. The committee shall review and make recommendations on oil and gas activities, including but not limited to current drilling methods, geologic formation standards, plugging techniques, casing and cementing standards and materials and all matters pertaining to the protection of waters of the state from pollution relating to oil and gas activities.
History:
L. 1982, ch. 228, § 4; L. 1993, ch. 83, § 1; L. 2004, ch. 101, § 88; L. 2008, ch. 106, § 2; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-154 Certification of compliance with statutes and rules and regulations.

55-154.
Certification of compliance with statutes and rules and regulations.
The operator or the operator's designated agent shall certify in writing to the commission that all requirements of K.S.A. 55-151 and the rules and regulations adopted pursuant to K.S.A. 55-152 have been complied with. The commission shall adopt rules and regulations to prescribe the procedure for the designation by an operator of an agent.
History:
L. 1982, ch. 228, § 5; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-156 Protection of water prior to abandoning of well; penalty for noncompliance.

55-156.
Protection of water prior to abandoning of well; penalty for noncompliance.
Prior to the abandonment of any well which has been drilled, is being drilled or may hereafter be drilled, the operator shall protect usable groundwater or surface water from pollution and from loss through downward drainage by plugging the well, in accordance with the rules and regulations adopted by the commission. Failure to comply with such rules and regulations shall be a severity level 10, nonperson felony.
History:
L. 1982, ch. 228, § 9; L. 1993, ch. 291, § 228; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-157 Cementing in surface casing and additional pipe prior to testing, completion or abandonment of well; penalty for noncompliance.

55-157.
Cementing in surface casing and additional pipe prior to testing, completion or abandonment of well; penalty for noncompliance.
Prior to the testing, completion or abandonment of any well, an operator shall cement in the surface casing below the fresh water strata and shall cement in additional pipe as is necessary to protect from pollution and from loss through downward drainage any usable water in accordance with rules and regulations adopted by the commission. Failure to comply with such rules and regulations shall be a severity level 10, nonperson felony.
History:
L. 1982, ch. 228, § 10; L. 1993, ch. 291, § 229; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-158 Submission of bond logs and surveys; penalties.

55-158.
Submission of bond logs and surveys; penalties.
Operators, upon request of the commission, shall submit cement bond logs or other surveys for surface casing. Failure to submit such logs or surveys within a reasonable period of time as prescribed by the rules and regulations of the commission shall be a class C misdemeanor.
History:
L. 1982, ch. 228, § 11; L. 1986, ch. 201, § 11; L. 1995, ch. 204, § 10; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-159 Notification of commission prior to setting surface casing or plugging; inspections; penalty.

55-159.
Notification of commission prior to setting surface casing or plugging; inspections; penalty.
Operators shall notify the commission prior to setting surface casing on or plugging of any well, in conformance with the rules and regulations adopted pursuant to this act. An agent of the commission may conduct on-site inspection of such drilling or plugging operations. Failure to notify shall be a class C misdemeanor.
History:
L. 1982, ch. 228, § 12; L. 1986, ch. 201, § 12; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-160 Notification of commission prior to reentering plugged well; inspections.

55-160.
Notification of commission prior to reentering plugged well; inspections.
Every operator shall notify the commission at least 48 hours prior to the commencement of reentering or washing down any abandoned or plugged well. An agent of the commission may conduct on-site inspection of such drilling operations.
History:
L. 1982, ch. 228, § 13; L. 1986, ch. 201, § 13; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-161 Investigation of abandoned wells; integrity tests; costs.

55-161. Investigation of abandoned wells; integrity tests; costs.
The commission shall investigate abandoned wells, and, based on actual or potential pollution problems, may select abandoned wells to be drilled out by the commission in order to test the integrity of the plugs. The cost of such testing shall be paid from the abandoned oil and gas well fund established pursuant to K.S.A. 55-192, and amendments thereto.
History:
L. 1982, ch. 228, § 14; L. 1986, ch. 201, § 14; L. 1996, ch. 263, § 6; L. 2001, ch. 191, § 5; L. 2021, ch. 28, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-164 Administrative penalties; procedure; costs and attorney fees; disposition of moneys.

55-164.
Administrative penalties; procedure; costs and attorney fees; disposition of moneys.
(a) In addition to any other penalty provided by law, the commission, upon finding that an operator or contractor has violated the provisions of this act or any rule and regulation or order of the commission, may impose a penalty not to exceed $10,000, which shall constitute an actual and substantial economic deterrent to the violation for which the penalty is assessed. In the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except upon the written order of the commission to the person who committed the violation. The order shall state the violation, the penalty imposed and the right to appeal to the order issuing agency. Any such person, within 30 days after service of such order, may make written request to the commission for a hearing thereon. The commission shall conduct a hearing in accordance with the provisions of the Kansas administrative procedure act within 30 days after receipt of such request.
(c) Any person aggrieved by any order issued pursuant to this section may appeal therefrom in accordance with the provisions of the Kansas judicial review act.
(d) The commission may order an operator or contractor to pay any costs and reasonable attorney fees incurred by the commission in imposing and collecting any penalty pursuant to this section and may collect interest on any portion of such penalty, costs and attorney fees which remains unpaid more than 30 days after imposition, at the rate provided by K.S.A. 16-204, and amendments thereto, for interest on judgments.
(e) All moneys received from penalties imposed and costs and attorney fees assessed pursuant to this section shall be remitted to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the conservation fee fund.
History:
L. 1982, ch. 228, § 25; L. 1986, ch. 201, § 16; L. 1988, ch. 356, § 164; L. 1995, ch. 95, § 2; L. 2000, ch. 14, § 1; L. 2001, ch. 5, § 191; L. 2010, ch. 17, § 97; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-165 Maintenance of information on wells.

55-165.
Maintenance of information on wells.
The state corporation commission shall create and maintain a data base of all oil or gas wells in existence in this state. The data base shall include the location of each well and name, address and other information relevant to the identity of the operator of the well.
History:
L. 1996, ch. 263, § 10; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-168 Insufficient moneys in abandoned oil and gas well fund; liabilities imposed on the conservation fee fund.

55-168. Insufficient moneys in abandoned oil and gas well fund; liabilities imposed on the conservation fee fund.
Whenever there are insufficient moneys in the abandoned oil and gas well fund established pursuant to K.S.A. 55-192, and amendments thereto, to pay the liabilities of such fund, such liabilities shall be and are hereby imposed on the conservation fee fund, established pursuant to K.S.A. 55-143, and amendments thereto, provided such liabilities were incurred in accordance with the prioritization schedule established pursuant to K.S.A. 55-192, and amendments thereto.
History:
L. 2001, ch. 191, § 3; L. 2021, ch. 28, § 4; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-169 Kansas surface owner notice act; citation.

55-169.
Kansas surface owner notice act; citation.
K.S.A. 2023 Supp. 55-169 through 55-169b, and amendments thereto, may be cited as the Kansas surface owner notice act.
History: L. 2009, ch. 127, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-169a Same; definitions.

55-169a.
Same; definitions.
As used in this act and in K.S.A. 55-155, 55-173 and K.S.A. 2023 Supp. 55-151, and amendments thereto:
(a) "Surface" or "surface estate" means a specific tract of land and improvements thereon created by and held in fee or other legal title under a deed or other instrument of conveyance, or equitable title under a recorded contract for deed, by a person other than the United States, a state, an Indian tribal organization or any agency, instrumentality or subdivision of any of the foregoing, regardless of whether such person also owns or otherwise holds interest in the mineral estate underlying the surface estate; and
(b) "surface owner" means a person or a designee of such person who holds or owns legal title to the surface estate or an interest therein, as shown on the records of the register of deeds for the county where the surface estate is located, and who is assessed real estate property taxes in accordance with the records of the county treasurer, except that surface owner shall not include a tenant or persons whose only rights to use that surface estate are based upon an easement, right-of-way, license, mortgage lien, severed mineral interest or any non-possessory interest in the surface.
History:
L. 2009, ch. 127, § 2; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-169b Same; authorization for rules and regulations.

55-169b.
Same; authorization for rules and regulations.
The state corporation commission, with input from the advisory committee on the regulation of oil and gas activities authorized under K.S.A. 55-153, and amendments thereto, shall adopt or amend such forms and rules and regulations deemed necessary to carry out the provisions of this act. Such rules and regulations shall be promulgated on or before July 1, 2010.
History:
L. 2009, ch. 127, § 3; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-171 Permit required for the storage or disposal of salt water, oil or refuse in surface ponds.

55-171.
Permit required for the storage or disposal of salt water, oil or refuse in surface ponds.
The storage or disposal of salt water, oil or refuse in surface ponds resulting from oil and gas activities shall be prohibited unless a permit for such storage or disposal shall first be obtained from the commission. Such permit shall be considered as granted unless denied within 10 days. The commission is authorized to deny or revoke a permit for such storage or disposal in any case where the commission finds such storage is causing or likely to cause pollution.
History:
L. 1986, ch. 201, § 23; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-172 Salt water, oil or refuse from wells; prevention of escape.

55-172.
Salt water, oil or refuse from wells; prevention of escape.
It shall be unlawful for any person having possession or control of any well drilled or being drilled for oil or gas, either as contractor, owner, lessee, agent or manager, or in any other capacity, to permit salt water, oil or refuse from any such well to escape by overflow, seepage or otherwise from the vicinity of such well, and it shall be the duty of any such person to keep such salt water, oil or refuse safely confined in tanks, pipelines or ponds, so as to prevent the escape thereof.
History:
L. 1986, ch. 201, § 24; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-173 Notice prior to abandonment and plugging of wells; notification of surface owner.

55-173.
Notice prior to abandonment and plugging of wells; notification of surface owner.
Before any work or procedure is commenced to abandon and plug any producing oil or gas well in this state, an oil and gas operator shall file a notice of intention to plug and abandon a well with the commission, in accordance with the rules and regulations adopted pursuant to K.S.A. 55-152, and amendments thereto. The commission shall, upon receipt of such notice, send a copy of such notice to the surface owner, as well as the contact information, including name, address, phone number, fax or email address, for a designated representative of the operator. The commission need not send such information if the operator verifies that the notice filed with the commission has been delivered to the surface owner. The surface owner upon whose land such well is located may file with the commission a desire to be notified when any such well is abandoned.
History:
L. 1986, ch. 201, § 25; L. 2009, ch. 127, § 6; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-174 Penalty for failure to notify of intent to drill.

55-174.
Penalty for failure to notify of intent to drill.
(a) Any person, firm, association or corporation who fails to comply with the requirement to give notice to the state corporation commission of intent to drill a seismic, core or exploratory hole for the purpose of exploration, discovery or production of oil or natural gas in accordance with the provisions of K.S.A. 55-151, and amendments thereto, and who has been convicted twice of violating such requirement, shall be prohibited from drilling a seismic, core or exploratory hole in this state for the purpose of exploration, discovery or production of oil or natural gas within the six-month period of time following the date of the second conviction of violating such requirement. Any such person, firm, association or corporation who has been convicted more than twice of violating such requirement shall be prohibited from drilling a seismic, core or exploratory hole in this state for the purpose of exploration, discovery or production of oil or natural gas within the one-year period of time following the date of the third or later conviction of violating such requirement.
(b) Any person, firm, association or corporation who shall violate the provisions of this section shall be deemed guilty of a class B misdemeanor.
History:
L. 1986, ch. 201, § 26; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-175 Appointment of agents by the commission.

55-175.
Appointment of agents by the commission.
The commission shall appoint such agent or agents as may be necessary to represent them and to enforce the provisions of this act, and the rules and regulations adopted pursuant thereto. The commission shall designate an agent for each district field office established to enforce this act and the rules and regulations adopted pursuant thereto to administer and supervise the operation of such office.
History:
L. 1986, ch. 201, § 27; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-176 Commission's costs assessed against operators and agents; disposition of moneys.

55-176. Commission's costs assessed against operators and agents; disposition of moneys.
(a) Subject to the provisions of K.S.A. 55-143, and amendments thereto, the commission shall assess operators or their designated agents for all or part of the actual costs and expenses incurred in: (1) The supervision, administration, inspection, investigation; (2) the enforcement of this act and the rules and regulations adopted pursuant to this act; and (3) monitoring and inspecting oil and gas lease salt water and oil storage, disposal and emergency facilities.
(b) The commission shall remit all moneys received by or for it for costs or expenses under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the conservation fee fund created by K.S.A. 55-143, and amendments thereto.
History:
L. 1986, ch. 201, § 28; L. 2001, ch. 5, § 192; L. 2011, ch. 53, § 20; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-177 Removal of structures and abutments from lands after abandoning wells; exception.

55-177.
Removal of structures and abutments from lands after abandoning wells; exception.
(a) Leaving the surface of lands with a part of the operating structure or other equipment intact after abandoning oil or gas wells is against public policy, and constitutes a public nuisance, and shall be hereafter prohibited. Whenever any lease operator abandons any oil or gas well, the lease operator, within six months thereafter, shall remove any rig, derrick or other operating structure, and all abutments and other obstacles of every kind or size used in the operation of such oil or gas lease, from the land upon which the well was theretofore operated, and shall grade the surface of the soil in such manner as to leave the land, as nearly as practicable, in the same condition after the removal of such structures, equipment and obstacles as it was before such structures and abutments were placed thereon, unless the owner of the land and the abandoning party have entered into a contract providing otherwise.
(b) Any person, firm, association, partnership or corporation violating the provisions of this section shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than $100 nor more than $500.
History:
L. 1986, ch. 201, § 29; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-178 Abandoned wells; complaint concerning pollution or water loss; commission investigation.

55-178. Abandoned wells; complaint concerning pollution or water loss; commission investigation.
(a) Any person who has reason to believe that any abandoned well is causing or is likely to cause the loss of any usable water or pollution of any usable water strata or the imminent loss or pollution of any usable water, because the well has not been plugged, was improperly plugged or the plugging is no longer effective, may file a complaint in writing, so alleging, with the commission secretary. Such complaint shall state the location of the well and why the complainant believes that such well is causing or is likely to cause the loss of any usable water or pollution of any usable water strata or the imminent loss or pollution of any usable water.
(b) Upon receipt of any complaint filed pursuant to this section, the commission shall conduct an investigation for the purpose of determining whether the well is an abandoned well causing or likely to cause loss of any usable water or pollution of any usable water strata or the imminent loss or pollution of any usable water. As a result of the investigation, the commission may take any action or issue any order pursuant to the provisions of the Kansas administrative procedure act as may be appropriate. Proceedings for reconsideration and judicial review of any order shall be conducted in the manner provided pursuant to K.S.A. 55-606, and amendments thereto.
(c) As used in this section, "abandoned well" means a well that is not claimed on an operator's license that is active with the commission and is unplugged, improperly plugged or no longer effectively plugged.
History:
L. 1986, ch. 201, § 30; L. 2021, ch. 28, § 5; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-181 Administration and enforcement of rules, regulations and orders.

55-181.
Administration and enforcement of rules, regulations and orders.
In the administration and enforcement of the provisions of this act or any rule, regulation or order promulgated pursuant thereto, the corporation commission, attorney general, any county attorney and courts of general jurisdiction are hereby granted the same power and authority respectively granted under K.S.A. 55-608, and amendments thereto.
History:
L. 1986, ch. 201, § 33; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-182 Agents of commission; right of ingress and egress; restoration of premises.

55-182.
Agents of commission; right of ingress and egress; restoration of premises.
(a) Agents of the commission shall have the right of ingress and egress upon any lands where any well or underground porosity storage of natural gas is located and the lands adjacent thereto and to occupy such lands as are necessary in the permitting, monitoring, inspecting, investigating, supervising, plugging, replugging or repairing of any such well or underground porosity storage. Any agent when entering upon any land to permit, monitor, inspect, investigate, supervise, plug, replug or repair a well or underground porosity storage of natural gas, shall not be liable for any damages necessarily resulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, such agent shall restore the premises to the original contour and condition as nearly as practicable.
(b) Agents of the commission shall have the right of ingress and egress upon any lands to clean up pollution resulting from oil and gas activities. Such agents shall have the power to occupy such land if necessary to investigate and clean up such pollution. Any agent entering upon any land to conduct cleanup activities shall not be liable for any damages necessarily resulting therefrom except damages to growing crops, livestock or improvements on the land.
History:
L. 1986, ch. 201, § 34; L. 1995, ch. 204, § 12; L. 2001, ch. 191, § 8; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-183 Rules and regulations; publication; fees, taxes and other charges required to be fixed by rules and regulations.

55-183.
Rules and regulations; publication; fees, taxes and other charges required to be fixed by rules and regulations.
(a) Whenever the corporation commission is authorized or directed by this act, or by any of the acts contained in chapter 55 of the Kansas Statutes Annotated, to adopt rules and regulations, any rules and regulations so adopted shall be published by the commission and made available to the public without charge. The commission shall maintain the publication in a current condition either by a published supplement thereto or, whenever supplementation is impractical due to the cost or usefulness thereof, by republishing all of such rules and regulations in effect. In addition, the commission is hereby directed to comply with the provisions of K.S.A. 77-415 et seq., and amendments thereto, with respect to any such rule and regulation.
(b) Whenever the commission is authorized or directed by this act, or by any of the acts contained in chapter 55 of the Kansas Statutes Annotated, to levy, assess, tax or otherwise fix or determine any fee, tax, charge or other payment of money to the commission or to the state of Kansas, such authority or directive shall be exercised or complied with by the adoption of a rule and regulation.
History:
L. 1986, ch. 201, § 35; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-184 Act supplemental.

55-184.
Act supplemental.
This act shall not be construed as impairing, affecting or repealing any existing law but shall be construed as supplementary to existing laws.
History:
L. 1986, ch. 201, § 36; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-186 Spill notification requirements.

55-186.
Spill notification requirements.
The state corporation commission shall adopt rules and regulations requiring operators to timely notify landowners or the representatives of such landowners of a spill which is also required to be reported to the commission.
History:
L. 2006, ch. 25, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-191 Definitions.

55-191.
Definitions.
As used in this act:
(a) "Abandoned well" means any well that the commission has authority to plug, replug or repair under K.S.A. 55-179 and amendments thereto.
(b) "Commission" means the state corporation commission.
(c) "Contamination site" means any of: (1) The 17 sites of pollution from oil and gas activities, identified as of March 1, 1996, over which jurisdiction was transferred from the department of health and environment to the commission by chapter 204 of the 1995 Session Laws of Kansas; or (2) the 92 sites of pollution from oil and gas activities identified by the commission as of March 1, 1996.
(d) "Abandoned well site" means the location of an abandoned well and any pollution from such well.
History:
L. 1996, ch. 263, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-192 Abandoned oil and gas well fund established; well plugging assurance fund abolished.

55-192. Abandoned oil and gas well fund established; well plugging assurance fund abolished.
(a) There is hereby established in the state treasury the abandoned oil and gas well fund.
(b) Moneys in the abandoned oil and gas well fund shall be used only for the purpose of paying the costs of: (1) Investigation and remediation of contamination sites; (2) investigation of abandoned wells, and their well sites; (3) plugging, replugging or repairing abandoned wells and remediation of the well sites in accordance with a prioritization schedule adopted by the commission and based on the degree of threat to public health or the environment; and (4) any reimbursement authorized by the commission pursuant to K.S.A. 55-180, and amendments thereto. No moneys credited to the fund shall be used to pay administrative expenses of the commission or to pay compensation or other expenses of employing personnel to carry out the duties of the commission.
(c) On or before the 10th day of each month, the director of accounts and reports shall transfer from the state general fund to the abandoned oil and gas well fund interest earnings based on: (1) The average daily balance of moneys in the abandoned oil and gas well fund for the preceding month; and (2) the net earnings rate for the pooled money investment portfolio for the preceding month.
(d) All expenditures from the abandoned oil and gas well fund shall be made in accordance with appropriations acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission or a person designated by the chairperson.
(e) On July 1, 2021: (1) The director of accounts and reports shall transfer all moneys in the well plugging assurance fund established pursuant to K.S.A. 55-166, prior to its repeal, to the abandoned oil and gas well fund; (2) all liabilities of the well plugging assurance fund are hereby transferred to and imposed on the abandoned oil and gas well fund; and (3) the well plugging assurance fund is hereby abolished.
History:
L. 1996, ch. 263, § 2; L. 1998, ch. 123, § 1; L. 2021, ch. 28, § 8; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-194 Annual report.

55-194.
Annual report.
(a) The commission shall prepare an annual report containing the following information regarding each contamination site:
(1) A description and evaluation of the site, including surface and subsurface contamination;
(2) the immediacy of the threat to public health or the environment from pollution from the site, including any contamination of drinking water or groundwater;
(3) the level of surface and subsurface remediation recommended;
(4) any unusual problems associated with investigation or remediation of pollution from the site;
(5) an estimate of the cost to achieve the recommended level of remediation or, if no estimate is possible, an estimate of the cost to conduct an investigation sufficient to determine the cost of remediation;
(6) any funds available to pay the costs of remediation;
(7) with regard to remediation of pollution from the site performed during the preceding fiscal year: (A) The nature of such remediation; (B) the total amount expended for such remediation; and (C) the amount expended for administrative expenses of the commission and compensation and other expenses of employing personnel to carry out the duties of the commission; and
(8) total expenditures in preceding fiscal years for remediation at the site.
(b) The commission shall prepare an annual report containing the following information regarding abandoned wells and their well sites:
(1) Documentation of the number of unplugged abandoned wells in the state; and
(2) a multiyear plan for dealing with unplugged abandoned wells that categorizes wells according to the risk posed to public health and the environment, sets forth a schedule for plugging wells posing the most serious risks and addresses funding of the plan.
(c) The commission shall submit the reports provided for by this section to the governor and the chairperson and ranking minority member of the committees on energy and natural resources of the senate and the house of representatives, on or before the first day of the regular legislative session each year.
History:
L. 1996, ch. 263, § 9; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,101 Definitions.

55-1,101.
Definitions.
(a) As used in K.S.A. 55-1,101 through 55-1,109, and amendments thereto:
(1) "Gas gathering services" means the gathering or preparation of natural gas for transportation, including transportation to a main transmission line or to any exit tap on a gas gathering system, whether such services are performed for hire or in connection with the purchase of natural gas by the person gathering or preparing the gas or a marketer affiliated with the person gathering or preparing the gas. "Gas gathering services" does not include the gathering of natural gas by an owner or operator of gathering facilities who: (A) Does not hold such facilities out for hire on or after the effective date of this act; and (B) does not purchase the gas for resale. Existing, new or additional exit taps added to a gas gathering system shall not cause a gas gathering system to be regulated as a public utility as that term is used in K.S.A. 66-104, and amendments thereto, or as a common carrier as that term is used in K.S.A. 66-105, and amendments thereto.
(2) "Exit tap on a gas gathering system" means the point on a gas gathering system at which natural gas is delivered to a consumer, homeowner, business, agricultural user, person, gas marketer or public utility.
(3) Other terms have the meanings provided by K.S.A. 55-150, and amendments thereto.
(b) The provisions of K.S.A. 55-1,101 through 55-1,109, and amendments thereto, shall be part of and supplemental to chapter 55 of the Kansas Statutes Annotated.
History:
L. 1997, ch. 132, § 22; L. 1998, ch. 61, § 1; L. 2007, ch. 109, § 1; July 1.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,102 Filing of rates and other information required; use of information; disclosure.

55-1,102.
Filing of rates and other information required; use of information; disclosure.
(a) Each person offering gas gathering services in this state shall file with the commission copies of: (1) Rates paid for natural gas purchased at the wellhead by the person offering gas gathering services; (2) all rates charged for gas gathering services offered by such person; and (3) such data related to the characteristics of the gas purchased or gathered by the person offering gas gathering services and such information regarding the terms and duration of the contract as the commission determines necessary. The commission shall adopt rules and regulations prescribing the form and times of filing of such rates, data and information. The commission shall not be required to analyze, publish or disseminate such rates, data and information except to the extent otherwise required by law.
(b) Upon notice and an opportunity to be heard in accordance with the provisions of the Kansas administrative procedure act, the commission may impose an administrative fine on any person for failure to file any rate, data or information as required by this section and rules and regulations of the commission. Such fine shall not exceed $10,000 for each day the rate, data or information remains unfiled as required or an aggregate amount of $250,000, whichever is less.
(c) Rates, data and information filed pursuant to this section shall not be used by the commission to order a change in any rate except in a proceeding pursuant to K.S.A. 55-1,104.
(d) Rates, data and information filed pursuant to this section shall not be subject to K.S.A. 66-1220a, and amendments thereto.
(e) This section shall take effect and be in force on and after July 1, 1997.
History:
L. 1997, ch. 132, § 23; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,103 Limitations on manner of offering services and facilities.

55-1,103.
Limitations on manner of offering services and facilities.
(a) Persons offering gas gathering services in this state, or facilities essential to provision of such services, shall provide, in a manner that is just, reasonable, not unjustly discriminatory and not unduly preferential, access to any person seeking such services or facilities.
(b) Persons performing gas gathering services shall engage in practices in connection with such services, and charge fees for such services, that are just, reasonable, not unjustly discriminatory and not unduly preferential.
(c) This section shall take effect and be in force on and after July 1, 1997.
History:
L. 1997, ch. 132, § 24; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,105 Rules and regulations.

55-1,105.
Rules and regulations.
(a) The commission may adopt such rules and regulations as the commission determines necessary to improve access to gas gathering services or to improve market competition or protect the public interest in such services.
(b) This section shall take effect and be in force on and after July 1, 1997.
History:
L. 1997, ch. 132, § 26; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,106 Exemptions from rate averaging or pricing systems.

55-1,106.
Exemptions from rate averaging or pricing systems.
(a) The commission may exempt natural gas sold directly to a consumer from the wellhead before the gas enters a gathering system from rate averaging or pricing systems that apply to gas sold from a gas gathering system.
(b) This section shall take effect and be in force on and after July 1, 1997.
History:
L. 1997, ch. 132, § 27; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,107 Issuance of more than one certificate of convenience and necessity; exit fees prohibited.

55-1,107.
Issuance of more than one certificate of convenience and necessity; exit fees prohibited.
(a) In any retail natural gas service area where the commission has granted a certificate of convenience and necessity to sell natural gas at retail from a gas gathering system, the commission may issue other certificates of convenience and necessity to make such sales in such area. A person purchasing natural gas or gas gathering services from a person offering gas gathering services in a retail natural gas service area where the commission has issued more than one certificate of convenience and necessity shall not be assessed an exit fee for electing to purchase natural gas or gas gathering services from another person offering gas gathering services.
(b) This section shall take effect and be in force on and after July 1, 1997.
History:
L. 1997, ch. 132, § 28; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,108 Contractual obligations, when amended.

55-1,108.
Contractual obligations, when amended.
(a) Nothing in K.S.A. 55-1,101 through 55-1,107 shall be construed, or authorize the commission, to amend any contractual obligations between the person offering gas gathering services and the complainant unless the commission determines, after investigation, notice and hearing, that such contractual obligations are unjust, unreasonable, unjustly discriminatory or unduly preferential and adversely impact the public welfare.
(b) This section shall take effect and be in force on and after July 1, 1997.
History:
L. 1997, ch. 132, § 29; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,109 Notice of lack of capacity to serve required.

55-1,109.
Notice of lack of capacity to serve required.
If a public utility providing service from a gas gathering system determines that such utility lacks sufficient services or facilities to serve the needs of any person wishing to utilize such utility's services within such utility's certificated service area during any calendar year, such utility, not later than November 1 preceding the beginning of such calendar year, shall give notice thereof to the commission and to each person that such utility determines it will be unable to serve.
History:
L. 1997, ch. 132, § 30; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,110 Severability.

55-1,110.
Severability.
If any provisions of this act or the application of this act to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application. To this end the provisions of this act are severable.
History:
L. 1997, ch. 132, § 31; May 8.
2023 Kansas Statutes › Chapter 55 - Oil And Gas › Article 1 - Oil And Gas Wells; Regulatory Provisions › 55-1,115 Underground storage of hydrocarbons; corporation commission regulation of underground porosity storage of natural gas.

55-1,115.
Underground storage of hydrocarbons; corporation commission regulation of underground porosity storage of natural gas.
(a) On or before July 1, 2002, the state corporation commission shall adopt rules and regulations governing underground porosity storage of natural gas. Such rules and regulations shall include the permitting, monitoring and inspecting of underground porosity storage of natural gas and the closure and abandonment of such underground porosity storage of natural gas. Such rules and regulations may establish fees for permitting, monitoring, inspecting and closing or abandoning underground porosity storage of natural gas.
(b) No hydrocarbon storage shall be allowed in any underground formation if water within the formation contains less than 5,000 milligrams per liter chlorides, except that the provisions of this subsection shall not prohibit the storage of hydrocarbons in an underground porosity storage facility if such storage facility was in use before July 1, 2001.
(c) The provisions of K.S.A. 55-162 and 55-164, and amendments thereto, shall apply to violations of the rules and regulations adopted pursuant to this section.
(d) As used in this section and K.S.A. 55-150, 55-155, 55-182 and 74-623, and amendments thereto, "underground porosity storage" means the storage of hydrocarbons in underground, porous and permeable geological strata which have been converted to hydrocarbon storage.
History:
L. 2001, ch. 191, § 17; L. 2003, ch. 77, § 1; July 1.