West Virginia Code § 22-21-3

Application of article; exclusions; application of chapter twenty-two-b to
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coalbed methane wells.
(a) The provisions of this article apply to: (1) All lands in this state under which a coalbed is
located, including any lands owned or administered by the state or any agency or subdivision
thereof; and (2) any coalbed methane well.
(b) This article does not apply to or affect: (1) Any well otherwise permitted, approved or
regulated under articles six, seven, eight, nine or ten of this chapter or article eight, chapter
twenty-two-c of this code; (2) any ventilation fan, vent hole, mining apparatus, or other
facility utilized solely for the purpose of venting any mine or minue area; or (3) the ventilation
of any mine or mine area or degasification of any coal seam for the mining of coal.
(c) This article does not apply to or affect subsurface boreholes drilled from the mine face of
an underground mine, except that the provisions of sections fifteen, sixteen, seventeen,
eighteen and nineteen shall apply.
(d) To the extent that coalbed methane wells asre similar to wells, as defined in section one,
article six of this chapter, and the production of coalbed methane is similar to the production
of natural gas, coalbed methane wells shalil be treated as wells and coalbed methane treated
as natural gas and subject to the folglowing sections of article six of this chapter:
(1) The provisions of section three pertaining to the findings and orders of inspectors
concerning violations, determination of reasonable time for abatement, extensions of time
for abatement, special inspections, notice of findings and orders;
(2) The provisions of section four providing for the review of findings and orders by the
chief, special inspect ion, annulment, revision of order and notice;
(3) The provisions of section five providing for the requirements of findings, orders and
notices; posting of findings and orders; and judicial review of final orders of the chief;
(4) The provisions of section twenty-one providing for protective devices--installation of
freshwater casings;
(5) The provisions of section twenty-two providing for a well log to be filed, contents, and
authority to promulgate regulations. In addition to the requirements of such section, the
operator shall certify that the well was drilled and completed as shown on the well plat
required for a coalbed methane well, or in the alternative, file a revised well plat showing
the actual location of the well and the coal seams in which the well is completed for
production. Such log and certificate shall be served on all coal owners and operators who
must be named in the permit application under section six of this article;
(6) The provisions of section twenty-eight providing for supervision by the chief over drilling
and reclamation operations, complaints, hearings and appeals;
(7) The provisions of section twenty-nine providing for special reclamation funds and fees;
(8) The provisions of section thirty providing for reclamation requirements;
(9) The provisions of section thirty-one providing for preventing waste of gas, plan of
operation required for wasting gas in process of producing oil and rejection thereof;
(10) The provisions of section thirty-two providing for the right of adjacent owner or
operator to prevent waste of gas and recovery of costs;
(11) The provisions of section thirty-three providing for restraining waste;
(12) The provisions of section thirty-four providing for offenses and penalties;
(13) The provisions of section thirty-five providing for civil action for contamination or
deprivation of freshwater source or supply and presumption;
(14) The provisions of section thirty-six providing for declaration of notice by owners and
lessees of coal seams and setting out the form of such declaration; and
(15) The provisions of section thirty-nine providing for injunctive relief.
In addition to the foregoing and subject to the same qualifications, the provisions of article
ten of this chapter shall apply eto coalbed methane wells. Any well which is abandoned or
presumed to be abandoned under the provisions of this article shall be treated as an
abandoned well under sLaid article ten. In addition, the provisions of article seven of this
chapter shall apply to permits issued pursuant to this article.

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