(a) Except as provided in subsection (b) of this section, the provisions of this article shall apply to all lands located in this state, however owned, including any lands owned or administered by any government or any agency or subdivision thereof, over which the state has jurisdiction under its police power. The provisions of this article are in addition to and not in derogation of or substitution for the provisions of 22-6-1 et seq. of this code.
(b) This article shall not apply to or affect:
(1) Shallow wells other than shallow horizontal wells and those utilized in secondary recovery programs as set forth in in 22C-9-8 of this code and those provided for in 22C-9-4 of this code;