55-180. Investigation of pollution by the commission; abandoned well plugging; costs; reimbursement authorized. (a) The fact that any person has initiated or supported a proceeding before the commission, or has remedied or attempted to remedy the condition of any well under the authority of this act, shall not be construed as an admission of liability or received in evidence against such person in any action or proceeding wherein responsibility for or damages from surface or subsurface pollution, or injury to any usable water or oil-bearing or gas-bearing formation, is or may become an issue; nor shall such fact be construed as releasing or discharging any action, cause of action or claim against such person existing in favor of any third person for damages to property resulting from surface or subsurface pollution, or injury to any usable water or oil-bearing or gas-bearing formation.
(b) The commission, on its own motion, may initiate an investigation into any pollution problem related to oil and gas activity. In taking such action the commission may require or perform the testing, sampling, monitoring or disposal of any source of groundwater pollution related to oil and gas activities.
(c) Any abandoned well may be plugged by any person if such: (1) Person has written consent from a surface owner of the land upon which the well is located or has other legal access to such land; and (2) plugging is done by a person licensed by the commission and in accordance with all rules and regulations of the commission.
(d) The commission or any other person authorized by the commission who has no obligation to plug, replug or repair any abandoned well, but who does so in accordance with the provisions of this act, shall have a cause of action for the reasonable cost and expense incurred in plugging, replugging or repairing the well against any person who is legally responsible for the proper care and control of such well pursuant to the provisions of K.S.A. 55-179, and amendments thereto, and the commission or other person shall have a lien upon the interest of such obligated person in and to the oil and gas rights in the land and equipment located thereon.
(e) Any moneys recovered by the commission in an action pursuant to subsection (d) 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 established pursuant to K.S.A. 55-143, and amendments thereto, or the abandoned oil and gas well fund established pursuant to K.S.A. 55-192, and amendments thereto, as appropriate based on the fund from which the costs incurred by the commission were paid.
(f) (1) For any well that has been abandoned for five years or more, any person who has no obligation to plug, replug or repair the well, that causes such well to be plugged may seek reimbursement from the abandoned oil and gas well fund created pursuant to K.S.A. 55-192, and amendments thereto. The commission shall adopt rules and regulations for determining whether, how and to what extent a request for reimbursement shall be granted.
(2) The provisions of this subsection shall not entitle any person to receive reimbursement for the plugging of any abandoned well that has been abandoned for five years or more unless such reimbursement is approved pursuant to the rules and regulations established by the commission for such purpose.
(g) No person shall become legally responsible for the care and control of any well solely on the basis of having appropriately plugged a well pursuant to this section.
(h) 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, § 32; L. 1996, ch. 263, § 8; L. 2001, ch. 5, § 193; L. 2001, ch. 191, § 7; L. 2021, ch. 28, § 7; July 1.
Structure Kansas Statutes
Article 1 - Oil And Gas Wells; Regulatory Provisions
55-101 Natural gas for residents of platted land outside city; laying and maintenance of pipes.
55-112 Transportation of gas; standards for.
55-114 Penalty for violation of 55-112.
55-153 Advisory committee on regulation of oil and gas activities.
55-154 Certification of compliance with statutes and rules and regulations.
55-156 Protection of water prior to abandoning of well; penalty for noncompliance.
55-158 Submission of bond logs and surveys; penalties.
55-159 Notification of commission prior to setting surface casing or plugging; inspections; penalty.
55-160 Notification of commission prior to reentering plugged well; inspections.
55-161 Investigation of abandoned wells; integrity tests; costs.
55-164 Administrative penalties; procedure; costs and attorney fees; disposition of moneys.
55-165 Maintenance of information on wells.
55-169 Kansas surface owner notice act; citation.
55-169b Same; authorization for rules and regulations.
55-171 Permit required for the storage or disposal of salt water, oil or refuse in surface ponds.
55-172 Salt water, oil or refuse from wells; prevention of escape.
55-173 Notice prior to abandonment and plugging of wells; notification of surface owner.
55-174 Penalty for failure to notify of intent to drill.
55-175 Appointment of agents by the commission.
55-176 Commission's costs assessed against operators and agents; disposition of moneys.
55-177 Removal of structures and abutments from lands after abandoning wells; exception.
55-178 Abandoned wells; complaint concerning pollution or water loss; commission investigation.
55-179 Same; responsibility for remedial actions; hearings; orders; plugging.
55-181 Administration and enforcement of rules, regulations and orders.
55-182 Agents of commission; right of ingress and egress; restoration of premises.
55-186 Spill notification requirements.
55-192 Abandoned oil and gas well fund established; well plugging assurance fund abolished.
55-193 Abandoned oil and gas well fund; certain transfers thereto.
55-1,102 Filing of rates and other information required; use of information; disclosure.
55-1,103 Limitations on manner of offering services and facilities.
55-1,104 Commission review of fees, terms, practices; complaint; procedure.
55-1,105 Rules and regulations.
55-1,106 Exemptions from rate averaging or pricing systems.
55-1,107 Issuance of more than one certificate of convenience and necessity; exit fees prohibited.
55-1,108 Contractual obligations, when amended.
55-1,109 Notice of lack of capacity to serve required.
55-1,111 Commission review of exit tap on gathering system, access, service, abandonment; procedure.
55-1,117 Same; department of health and environment regulation of other underground storage.
55-1,117a Same; department of health and environment regulation of underground crude oil storage.
55-1,119 Same; penalties for violations of rules and regulations.
55-1,120 Same; salt solution mining wells; abandonment, legal responsibility for.
55-1,122 Same; representatives of secretary; right of ingress and egress.