55-180. Testing and investigation of pollution; plugging expenses; liens. - Kansas Statutes

55-180

Chapter 55.--OIL AND GAS Article 1.--OIL AND GAS WELLS; REGULATORY PROVISIONS

      55-180.   Testing and investigation of pollution; plugging expenses;liens.(a) The fact that any person has initiated or supported a proceedingbefore the commission, or has remedied or attempted toremedy the condition of any well under the authority of this act, shallnot be construed as an admission of liability or received in evidenceagainst such person in any action or proceeding wherein responsibilityfor or damages from surface or subsurface pollution, or injury to any usablewater or oil-bearing or gas-bearingformation, 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 anythird person for damages to property resulting from surface orsubsurface pollution, or injury to any usable water or oil-bearing orgas-bearing formation.

      (b)   The commission, on its own motion,may initiate an investigation into any pollution problem related to oil andgas activity. In taking such action the commission may require or performthe testing, sampling, monitoring or disposal of any source of groundwaterpollution related to oil and gas activities.

      (c)   The commission or any other person authorized by the commission whohas no obligation to plug, replugor repair any abandoned well, butwho does so in accordance with the provisions of this act, shall have acause of action for the reasonable cost and expense incurred in plugging,replugging or repairing the wellagainst any person who is legallyresponsible for the proper care and controlof such well pursuant to the provisions of K.S.A.55-179, and amendments thereto, and the commission or otherpersonshall have a lien upon the interest of suchobligated person in and to the oil and gas rights in the land and equipmentlocated thereon.

      (d)   Any moneys recovered by the commission in an action pursuant tosubsection (c) shall be remitted to the state treasurer in accordance withthe provisions of K.S.A. 75-4215, and amendments thereto. Upon receiptof each such remittance, the statetreasurershall deposit the entire amount in the state treasuryto the credit of the conservation fee fund, well plugging assurancefund or theabandoned oil and gas wellfund, as appropriate based on the fund from which thecosts incurredby the commission were paid.

      History:   L. 1986, ch. 201, § 32;L. 1996, ch. 263, § 8;L. 2001, ch. 5, § 193;L. 2001, ch. 191, § 7; July 1.