Kan. Admin. Regs. § 82-3-402

Current through Register Vol. 43, No. 24, June 13, 2024

Section 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.

Kan. Admin. Regs. § 82-3-402

Authorized by K.S.A. 55-152 and 55-901; implementing K.S.A. 55-152; effective, T-83-44, Dec. 8, 1982; effective May 1, 1983; amended May 8, 1989; amended April 5, 2002; amended Oct. 24, 2008.