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55-901. Disposal of salt water; rules and regulations; assessment of costs; disposition of moneys. (a) The owner or operator of any oil or gas well which may be producing and which produces salt water or waters containing minerals in an appreciable degree shall have the right to return such waters to any horizon from which such salt waters may have been produced, or to any other horizon which contains or had previously produced salt water or waters containing minerals in an appreciable degree, if the owner or operator of such well makes a written application to the state corporation commission for authority to do so, and written approval has been granted to the owner or operator after investigation by the state corporation commission.

(b) The state corporation commission is hereby directed to adopt such rules and regulations as may be just and equitable to carry out the provisions of this section.

(c) Subject to the provisions of K.S.A. 55-143, and amendments thereto, the state corporation commission shall assess all or any part of the cost that may be incurred under the provisions of this section against the applicant.

(d) The commission shall remit all moneys received by or for it for costs assessed under this section 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. Ten percent of each such deposit shall be credited to the state general fund and the balance shall be credited to the conservation fee fund created by K.S.A. 55-143, and amendments thereto.

History: L. 1935, ch. 211, § 1; L. 1937, ch. 265, § 1; L. 1978, ch. 211, § 8; L. 1986, ch. 202, § 5; L. 1986, ch. 201, § 17; L. 2001, ch. 5, § 198; L. 2011, ch. 53, § 23; July 1.

Law Review and Bar Journal References:

"Kansas Water Appropriation Statutes and the Oil and Gas Industry in Kansas," Eva N. Neufeld, 50 J.B.A.K. 43, 46, 47, 48 (1981).

"The Safe Drinking Water Act and the Petroleum Industry: An Overview of the Kansas Underground Injection Control Program," Rosemary O'Leary and Kathy Stover, 51 J.K.B.A. 218, 225 (1982).

"Water law—Kansas Water Appropriation Act—Water May Not Be Appropriated Without the Approval of the Chief Engineer," Gary H. Hanson, 31 K.L.R. 342, 347 (1983).

"Title and Related Considerations in Conveying Kansas Water Rights," John C. Peck, 66 J.K.B.A. No. 9, 38 (1997).

"Water Allocation Law and the Oil and Gas Industry in Kansas: An Update to the 1981 Neufeld Article," Eva N. Neufeld, John C. Peck, and Adam C. Dees, 51 W.L.J. 477 (2012).

Attorney General's Opinions:

Use of conservation fee funds. 86-138.

County home rule powers; oil and gas injection wells; regulatory provisions; definitions. 91-44.

CASE ANNOTATIONS

1. Mentioned; acidization of disposal well is part of principal's "trade or business" under 44-503; workmen's compensation. Anderson v. Beardmore, 210 K. 343, 346, 502 P.2d 799.

2. Granting clause in oil and gas lease includes implied covenant to dispose of salt water produced without additional compensation absent provision otherwise. Colburn v. Parker & Parsley Dev. Co., 17 K.A.2d 638, 645, 646, 842 P.2d 321 (1992).


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