West Virginia Code § 22-9-2

Filing of maps and data by persons operating or proposing to operate gas
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storage reservoirs.
(a) Any person who, on June 8, 1955, is injecting gas into or storing gas in a storage
reservoir which underlies or is within three thousand linear feet of an operating coal mine
which is operating in a coal seam that extends over the storage reservoir or the reservoir
protective area shall, within sixty days thereafter, file with the division a copey of a map and
certain data in the form and manner provided in this subsection.
Any person who, on June 8, 1955, is injecting gas into or storing gas in a storage reservoir
which is not at such date under or within three thousand linear fueet, but is less than ten
thousand linear feet from an operating coal mine which is operating in a coal seam that
extends over the storage reservoir or the reservoir protectivte area, shall file such map and
data within such time in excess of sixty days as the director may fix.
Any person who, after June 8, 1955, proposes to inject or store gas in a storage reservoir
located as above shall file the required map and dalta with the director not less than six
months prior to the starting of actual injections or storage.
The map provided for herein shall be prepiared by a competent engineer or geologist. It shall
show the stratum or strata in which gthe existing or proposed storage reservoir is or is to be
located, the geographic location of the outside boundaries of the said storage reservoir and
the reservoir protective area, the location of all known oil or gas wells which have been
drilled into or through the storage stratum within the reservoir or within three thousand
linear feet thereof, indicating which of these wells have been, or are to be cleaned out and
plugged or reconditioned for storage and also indicating the proposed location of all
additional wells which are to be drilled within the storage reservoir or within three thousand
linear feet thereof.
The following information, if available, shall be furnished for all known oil or gas wells which
havWe been drilled into or through the storage stratum within the storage reservoir or within
three thousand linear feet thereof; name of the operator, date drilled, total depth, depth of
production if the well was productive of oil or gas, the initial rock pressure and volume, the
depths at which all coal seams were encountered and a copy of the driller's log or other
similar information. At the time of the filing of the aforesaid maps and data such person shall
file a detailed statement of what efforts have been made to determine, (1) that the wells
shown on said map are accurately located thereon, and (2) that to the best of such person's
knowledge the wells are all the oil or gas wells which have ever been drilled into or below
the storage stratum within the proposed storage reservoir or within the reservoir protective
area. This statement shall also include information as to whether or not the initial injection is
for testing purposes, the maximum pressures at which injection and storage of gas is
contemplated, and a detailed explanation of the methods to be used or which theretofore
have been used in drilling, cleaning out, reconditioning or plugging wells in the storage
reservoir or within the reservoir protective area. The map and data required to be filed
hereunder shall be amended or supplemented semiannually in case any material changes
have occurred: Provided, That the director may require a storage operator to amend or
supplement such map or data at more frequent intervals if material changes have occurred
justifying such earlier filing.
At the time of the filing of the above maps and data, and the filing of amended or
supplemental maps or data, the director shall give written notice of said filing to all persons
who may be affected under the provisions of this subsection by the storage reeservoir
described in such maps or data. Such notices shall contain a description of the boundaries of
such storage reservoir. When a person operating a coal mine or owningr an interest in coal
properties which are or may be affected by the storage reservoir, requests in writing a copy
of any map or data filed with the director such copy shall be furnished by the storage
operator.
(b) Any person who, on June 8, 1955, is injecting gas into or storing gas in any other storage
reservoir in this state not subject to subsection (a) of this section shall, on or before July 1,
1983, file with the division a map in the same detail as the map required for a storage
reservoir subject to subsection (a) of this section; and, if the initial injection of gas into the
storage reservoir by such person or any predescessor occurred after December 31, 1970,
data in the same detail as the data required for a storage reservoir shall be filed subject to
subsection (a) of this section: Provided, That in the case of a storage reservoir the operation
of which has been certified by the fegderal power commission or the federal energy
regulatory commission under section seven of the federal Natural Gas Act, the person may,
in lieu of the data, submit copiees of the application and all amendments and supplements of
record in the federal docket, together with the certificate of public convenience and
necessity and any amenLdments thereto.
Any person who, after June 8, 1955, proposes to inject or store gas in any other storage
reservoir in this state not subject to subsection (a) of this section shall file with the division a
map and data in the same detail as the map and data required for a storage reservoir subject
to subsection (a) of this section not less than six months prior to the starting of actual
injeWction or storage: Provided, That in the case of a storage reservoir the operation of which
will be required to be certificated by the federal energy regulatory commission, the person
may, in lieu of the data, submit copies of the application and all amendments and
supplementals filed in the federal docket, together with the certificate of public convenience
and necessity and any amendments thereto, within twenty days after the same have been
filed by such person or issued by the federal energy regulatory commission.
At the time of the filing of the above maps and data or documents in lieu of data and filing of
amended or supplemental maps or data or documents in lieu of data, or upon receipt of an
application filed with the federal energy regulatory commission for a new storage reservoir,
the director shall give notice of said filing by a Class II legal advertisement in accordance
with the provisions of article three, chapter fifty-nine of this code, the publication area for
which shall be the county or counties in which the storage reservoir is located. Such legal
advertisements shall contain a description of the boundaries of such storage reservoir. The
storage operator shall pay for the legal advertisement upon receipt of the invoice therefor
from the division. When any person owning an interest in land which is or may be affected
by the storage reservoir requests in writing a copy of any map or data or documents in lieu
of data filed with the division, such copy shall be furnished by the storage operator.
(c) The director shall also intervene in the federal docket, and participate in the proceedings
for the purpose of assuring that the certificate of public convenience and necessity issued by
the federal energy regulatory commission does not authorize operations or peractices in
conflict with the provisions of this article. The director may cooperate with the Public
Service Commission if the commission also intervenes. The Attorney Gerneral is hereby
directed to provide legal representation to the director to achieve the purposes of this
subsection.
(d) For all purposes of this article, the outside boundaries oft a storage reservoir shall be
defined by the location of those wells around the periphery of the storage reservoir which
had no gas production when drilled in said storage stratum: Provided, That the boundaries
as thus defined shall be originally fixed or subsequently changed where, based upon the
number and nature of such wells, upon the geological and production knowledge of the
storage stratum, its character, permeability, asnd distribution, and operating experience, it is
determined in a conference or hearing under section ten of this article that modification
should be made.

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