Kentucky Revised Statutes

Ky. Rev. Stat. § 353.570 (2026)

Permit required -- Department may authorize operation prior to issuance

✓ current as of May 2026

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of permit. (1) No person shall drill or deepen a well, drill a stratigraphic test well, or reopen a plugged well for the production of oil or gas or for the injection of water, gas or other fluid into any oil or gas producing formation (except seismograph test holes) after June 16, 1960, or drill or deepen a water supply well after June 16, 1966, until such person shall obtain a permit from the department, except as provided in KRS 353.588. (2) When any applicant for a permit as required by this section has complied with the provisions of this chapter and all rules and regulations promulgated hereunder, the department shall issue the permit. (3) The department may authorize the commencement of the drilling, deepening or reopening of any well prior to the issuance of a permit therefor; except if the location of the well is known to be underlaid by a coal-bearing stratum and consent of the owner, operator, and lessee of the coal-bearing stratum has not been granted. Consent shall be implied, when the coal-bearing stratum is owned by the oil and gas lessor or lessee, and the coal is not under lease to any third party. Effective: June 27, 2019 History: Amended 2019 Ky. Acts ch. 21, sec. 13, effective June 27, 2019. -- Amended 2016 Ky. Acts ch. 40, sec. 2, effective July 15, 2016. -- Amended 1998 Ky. Acts ch. 359, sec. 4, effective July 15, 1998. -- Amended 1966 Ky. Acts ch. 147, sec. 1. -- Created 1960 Ky. Acts ch. 103, sec. 9.

Notes of Decisions

Cited in 1 case, 1986–1986 · leading case: Smith v. Rogers, 702 S.W.2d 425 (Ky. 1986).

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Smith v. Rogers, 702 S.W.2d 425 (Ky. 1986). · cites it 2× ““In declaring in its judgment that the leases had expired by their terms and are of no further force and effect, the trial court relied on several conclusions: 1) the pooling was solely for the purpose of preventing the expiration of the leases by commencing a well on one tract…”

— Ky. Rev. Stat. § 353.570(3) — 1 case

Smith v. Rogers, 702 S.W.2d 425 (Ky. 1986). ““In declaring in its judgment that the leases had expired by their terms and are of no further force and effect, the trial court relied on several conclusions: 1) the pooling was solely for the purpose of preventing the expiration of the leases by commencing a well on one tract…”

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