§22-6A-1. Short Title
This article shall be known and cited as the Horizontal Well Act.
§22-6A-10. Notice to Property Owners
(a) Prior to filing a permit application, the operator shall provide notice of planned entry on to the surface tract to conduct any plat surveys required pursuant to this article. Such notice shall be provided at least seven days but no more than forty-five days prior to such entry to: (1) The surface owner of […]
§22-6A-10a. Method of Delivery of Notice
Notwithstanding any provision of this article to the contrary, all notices required by this article shall be delivered by the method set forth in subsection (b), section ten of this article, which notice shall provide that further information may be obtained from the department's website.
§22-6A-11. Procedure for Filing Written Comments; Procedures for Considering Objections and Comments; Issues to Be Considered; and Newspaper Notice
(a) All persons described in subsection (b), section ten of this article may file written comments with the secretary as to the location or construction of the applicant's proposed well work within thirty days after the application is filed with the secretary. (b) The applicant shall tender proof of and certify to the secretary that […]
§22-6A-12. Well Location Restrictions
(a) Wells may not be drilled within two hundred fifty feet measured horizontally from any existing water well or developed spring used for human or domestic animal consumption. The center of well pads may not be located within six hundred twenty-five feet of an occupied dwelling structure, or a building two thousand five hundred square […]
§22-6A-13. Plugging of Horizontal Wells
The secretary shall propose legislative rules for promulgation to govern the procedures for plugging horizontal wells, including rules relating to the methods of plugging the wells and the notices required to be provided in connection with plugging the wells.
§22-6A-14. Reclamation Requirements
(a) The operator of a horizontal well shall reclaim the land surface within the area disturbed in siting, drilling, completing or producing the well in accordance with the following requirements: (1) Except as provided elsewhere in this article, within six months after a horizontal well is drilled and completed on a well pad designed for […]
§22-6A-15. Performance Bonds; Corporate Surety or Other Security
(a) No permit may be issued pursuant to this article unless a bond as described in subsection (d) of this section which is required for a particular activity by this article is or has been furnished as provided in this section. (b) A separate bond as described in subsection (d) of this section may be […]
§22-6A-16. Compensation of Surface Owners for Drilling Operations
(a) The provisions of article seven of this chapter do not apply to horizontal wells governed by this article. In lieu thereof, the provisions of article six-b of this chapter shall provide for the compensation of surface owners for damage caused by drilling horizontal wells. (b) At least ten days prior to filing a permit […]
§22-6A-17. Reimbursement of Property Taxes of Encumbered Properties
In addition to any compensation owed by the operator to the surface owner pursuant to the provisions of article six-b of this chapter, the operator shall pay the surface owner a one-time payment of $2,500 to compensate for payment of real property taxes for surface lands and surrounding lands that are encumbered or disturbed by […]
§22-6A-18. Civil Action for Contamination or Deprivation of Fresh Water Source or Supply; Presumption; Water Rights and Replacement; Waiver of Replacement
(a) Nothing in this article affects in any way the rights of any person to enforce or protect, under applicable law, the person's interest in water resources affected by an oil or gas operation. (b) Unless rebutted by one of the defenses established in subsection (c) of this section, in any action for contamination or […]
§22-6A-19. Offenses; Civil and Criminal Penalties
(a) Any person or persons, firm, partnership, partnership association or corporation who willfully violates any provision of this article or any rule or order promulgated under this article or any permit issued pursuant to this article is subject to a civil penalty not exceeding $5,000. Each day a violation continues after notice by the department […]
§22-6A-2. Legislative Findings; Declaration of Public Policy
(a) The Legislature finds that: (1) The advent and advancement of new and existing technologies and drilling practices have created the opportunity for the efficient development of natural gas contained in underground shales and other geologic formations;
§22-6A-20. Division of Highways Certification
As part of the permit application for horizontal wells, the operator shall submit a letter of certification from the Division of Highways that the operator has, pursuant to the Division of Highways Oil and Gas Road Policy, entered into an agreement with the Division of Highways pertaining to the state local service roads associated with […]
§22-6A-21. Establishment of Public Website Information and Electronic Notification Registry Regarding Horizontal Well Permit Applications
(a) No later than ninety days after the effective date of this article, the secretary shall establish resources on the department's public website which will list searchable information related to all horizontal well applications filed in this state, including information sufficient to identify the county and approximate location of each horizontal well for which a […]
§22-6A-22. Air Quality Study and Rulemaking
The secretary shall, by July 1, 2013, report to the Legislature on the need, if any, for further regulation of air pollution occurring from well sites, including the possible health impacts, the need for air quality inspections during drilling, the need for inspections of compressors, pits and impoundments, and any other potential air quality impacts […]
§22-6A-23. Impoundment and Pit Safety Study; Rulemaking
The secretary shall, by January 1, 2013, report to the Legislature on the safety of pits and impoundments utilized pursuant to section nine of this article including an evaluation of whether testing and special regulatory provision is needed for radioactivity or other toxins held in the pits and impoundments. Upon a finding that greater monitoring, […]
§22-6A-24. Casing and Cement Standards
(a) The operator may only drill through fresh groundwater zones in a manner that will minimize any disturbance of the zones. Further, the operator shall construct the well and conduct casing and cementing activities for all horizontal wells in a manner that will provide for control of the well at all times, prevent the migration […]
§22-6A-3. Applicability; Exceptions
Notwithstanding any other provision of this code to the contrary, the provisions of this article shall apply to any natural gas well, other than a coalbed methane well, drilled using a horizontal drilling method, and which disturbs three acres or more of surface, excluding pipelines, gathering lines and roads, or utilizes more than two hundred […]
§22-6A-3a. Karst Terrain; Rulemaking
(a) Because drilling horizontal wells in naturally occurring karst terrain may require precautions not necessary in other parts of the state, the secretary may require additional safeguards to protect this geological formation. When drilling horizontal wells in naturally occurring karst terrain, such additional safeguards may include changing proposed well locations to avoid damage to water […]