W. Va. Code R. § 35-6-5

Current through Register Vol. XLI, No. 45, November 8, 2024

Section 35-6-5 - Plugging by Interested Parties

5.1. Notice requirements.

5.1.a. Any interested party, desiring to plug an abandoned well shall serve the notice required under W. Va. Code '22-10-7 on Form WW-4(c). A copy of the plugging permit application for the well in question must be served with the notice.

5.1.b. If the surface owner of the premises where any abandoned well is situated (including without limitation, the surface reasonably necessary for a site for the work necessary at the well to plug the well and reasonably necessary for access to the well site as set out in subsection 5.3) is not known to the interested party, then the identification of the surface owner may be made pursuant to 35 CSR 4, subdivisions 5.4.a through 5.4.e.

5.2. Certificate of Service. Such interested party shall submit with the application for a plugging permit either a certificate that notice was given as required or proof of service of the notice.

5.3. "Premises where any abandoned well is situated" shall mean all of the surface and other interests:

5.3.a. which are reasonably necessary for a site to plug the well;

5.3.b. which are reasonably necessary for access to the well site; and

5.3.c. which are otherwise reasonably necessary for plugging the abandoned well.

5.4. For the purposes of determining the "Premises where any abandoned well is situated" pursuant to subsection 5.3, some reasonable easement must exist to plug the well, but in determining which premises are necessary and the amount of premises which are necessary, the interests of the surface or other interests must be equally balanced with the interests of the interested party in plugging the well.

5.5. "Surface owner" shall mean any owners of the surface of the premises where any abandoned well is situated as defined in this section: Provided, that for the purpose of the potential right to take any casing, equipment or other salvage, "surface owner" shall only mean the owner of the surface of the site where the well plugging work is done.

W. Va. Code R. § 35-6-5