55-1003. Disposal of oil-field or gas-field brines and mineralized waters; plans and specifications; approval; disposal wells; notice and hearing; judicial review; eminent domain.
55-1003
55-1003. Disposal of oil-field or gas-field brines and mineralizedwaters; plans and specifications; approval; disposal wells; notice andhearing; judicial review; eminent domain.Each company or corporation engaged in the production of petroleum ornatural gas in Kansas, or organized for the purpose of providing fordisposal of oil-field or gas-field brines and mineralized waters, may own,lease, construct, operate, and maintain pipelines, reservoirs, treatmentplants, disposal wells, and other facilities for the conveyance anddisposal of such brines and mineralized waters.
Any person, company or corporation engaged in the production ofpetroleum or natural gas in Kansas, or in the disposal of oil-field orgas-field brines and mineralized waters, may provide for financing andacquiring the necessary land, easements and rights-of-way, and may own,lease, construct, operate and maintain the works necessary for suchdisposal. For the disposal of oil-field or gas-field brines and mineralizedwaters, the plans and specifications for such disposal works shall besubmitted to and be approved by the state corporation commission.The commission, in giving approval,shall determine that the proposed method of disposal: (1) Will not result in theloss or waste of gas or petroleum resources; and (2) is a feasible method to beemployed in protecting the water resources of the state from preventablepollution. If thecommission finds upon investigation that themost feasible methodfor the prevention of pollution is by a disposal well, thecommission shall give notice thereof to the owner of wells producing suchbrines and mineralized waters of the findings.
If the owner of the wells producing such brines and mineralized watersdesires to contest the findings of thecommission, such ownershall give notice to the commission within 10 days afterreceipt of notice thereof. Thereupon, the commission shall proceed to hearand determine the matter in accordance with the provisions of the Kansasadministrative procedure act. If upon such hearing, the commission sustains thefindings, or ifsuch findings are not contested, thecommission shall issue an order directing the owner of the wells producingsuch brines and mineralized waters to provide the necessary disposal system.
Actions for judicial review of any action of the commissionunder the provisions of this act may be brought as provided in K.S.A.55-606, and amendments thereto. Upon final order sustaining the findings ofthecommission, the owner of such wells shall provide therequired disposal system in accordance with K.S.A. 55-901, and amendmentsthereto, and is hereby authorizedto exercise the right of eminent domain as provided in K.S.A. 26-501 to26-516, inclusive, and amendments to suchsections, for the purpose of acquiring the necessary rights-of-way andsites for the disposal of such brines and mineralized waters.
History: L. 1945, ch. 234, § 2; L. 1963, ch. 234, § 78; L. 1975,ch. 462, § 66;L. 1986, ch. 201, § 20;L. 1988, ch. 356, § 172; July 1, 1989.