Kansas Statutes

Chapter 55: Oil And Gas

Article 3: County Gas Inspector

Statutes:

• 55-301: Gas inspector; appointment; term.
• 55-302: Oath and bond.
• 55-303: Reports to inspector.
• 55-304: Duties of inspector.
• 55-305: Inspection of gas wells; records.
• 55-306: Pipeline inspection duties; notice of leakage or waste; cost of repairs and attorney's fees; penalty for permitting leakage or waste.
• 55-307: Duties of owners of natural gas wells or pipelines.
• 55-308: Deputies; appointment; qualifications; bonds; equipment.
• 55-309: Penalties.
• 55-310: Compensation of inspector and deputies.

• 55-301: Gas inspector; appointment; term. In each county in this state the board of county commissioners is hereby authorized, in its discretion, to appoint a suitable and competent person, who shall not be interested privately in producing, piping or selling natural gas, to be known and designated as the "gas inspector" of such county, who shall serve for a term of two years from the date of appointment and qualification and until his or her successor shall be appointed and qualified: Provided, That said board may end said term by an order to that effect at any time after the expiration of said period of two years without appointing such successor.

        History:   L. 1905, ch. 313, § 1; March 24; R.S. 1923, 55-301.

• 55-302: Oath and bond. The gas inspector shall be required, before assuming the duties of office, to take and subscribe an oath or affirmation that he or she will faithfully, impartially and to the best of his or her skill and ability discharge his or her duties, which oath or affirmation shall be filed with the county clerk of the county for which the gas inspector is appointed, and within ten days after appointment the gas inspector shall file with said county clerk a good and sufficient bond to the people of the state of Kansas, with a resident surety or sureties to be approved by said county commissioners, in the sum of three thousand dollars, conditioned for the faithful performance of his or her duties.

        History:   L. 1905, ch. 313, § 2; March 24; R.S. 1923, 55-302.

• 55-303: Reports to inspector. All persons are hereby required to report in writing, by mail or otherwise, to said inspectors, within thirty days after their appointment and qualification, the location and number of all wells in the county of such inspector belonging in whole or in part to them or which are upon premises owned in whole or in part by them, except only such wells as have already been reported to some predecessor of said inspector, and they shall also report to him or her in writing the number and location of each of such gas wells thereafter drilled within two days after its completion.

        History:   L. 1905, ch. 313, § 3; March 24; R.S. 1923, 55-303.

• 55-304: Duties of inspector. It shall be the duty of such inspector to see that all provisions of law pertaining to the drilling for gas, the regulating of gas wells and the piping and consumption of natural gas are faithfully carried out, and that the penalties of such laws are enforced against all violators of the same; and to that end the inspector shall promptly report all violations of such laws that come to his or her knowledge to the county attorney of his or her county, and file a proper complaint for the prosecution of the offender.

        History:   L. 1905, ch. 313, § 4; March 24; R.S. 1923, 55-304.

• 55-305: Inspection of gas wells; records. Said inspector shall inspect all gas wells in his or her county. The inspector shall measure and record, as nearly as can be ascertained, the initial rock pressure of, and also the volume of gas produced by, each of such wells. Such inspection shall be made and measurements taken and recorded at least once in each six-months period during the inspector's term of office, and at any other time or times directed by the board of county commissioners. All such records shall be entered and kept in substantially bound record books, suitably ruled, printed, indexed and arranged for that purpose, to be provided by the county and kept in the office of the register of deeds subject to public inspection.

        History:   L. 1905, ch. 313, § 5; March 24; R.S. 1923, 55-305.

• 55-306: Pipeline inspection duties; notice of leakage or waste; cost of repairs and attorney's fees; penalty for permitting leakage or waste. Such inspector shall also inspect all natural gas pipelines in his or her county at least once in every period of six months during his or her term of office, and as much oftener as may be necessary or as may be directed by the board of county commissioners, and shall test and record the pressure of the gas therein and the volume of the flow through the same, as nearly as is practicable.

        If the inspector shall discover any leakage or waste of gas from any such well or pipeline the inspector shall notify the owner thereof or his or her agents or servants, or some one of them, of that fact, and if such leakage or waste be not stopped within two days after such notice, it shall be and it is hereby made the duty of such inspector to take such steps and make such changes and repairs as may in the inspector's judgment be necessary to stop said waste or leakage; and the inspector shall have a lien upon said well or pipeline and all wells with which the same may be connected for the material, labor and cost of making such repair, for the enforcement of which, with all costs of suit, and a reasonable attorney's fee, an action may be maintained by said inspector in any court of competent jurisdiction; and if gas shall be taken from any well at a rate such as to consume more than fifty percent of its daily production, it shall be deemed a waste within the meaning of this clause to the extent of such excess.

        If any owner of any such well or pipeline, or any agent or servant of such owner in charge and control of such well or pipeline, shall for more than two days after the service of the notice last aforesaid fail to stop the leakage or waste by this clause prohibited, such owner, agent or servant shall be guilty of a misdemeanor, and on conviction thereof shall be fined a sum of not less than twenty-five dollars nor more than five hundred dollars for each offense, and each day that such failure continues after the expiration of the said period of two days shall constitute a separate offense.

        History:   L. 1905, ch. 313, § 6; March 24; R.S. 1923, 55-306.

• 55-307: Duties of owners of natural gas wells or pipelines. No person or persons in this state owning or having control of natural gas wells or natural gas pipelines shall refuse to allow the same to be inspected by the natural gas inspector, nor shall any such person interfere with said inspector directly or indirectly in the performance of the inspector's duties as herein prescribed, and it is made the duty of all such persons to furnish said inspector reasonable facilities and opportunity to make any inspection or perform any duty hereby authorized.

        History:   L. 1905, ch. 313, § 7; March 24; R.S. 1923, 55-307.

• 55-308: Deputies; appointment; qualifications; bonds; equipment. The inspector provided for in this act is hereby authorized, with the consent and approval of the board of county commissioners, to appoint and assign for duty deputies, not exceeding two in number, at such time and for such terms as in the inspector's judgment may be necessary to enable him or her promptly to perform all the duties of the office. Such deputies shall have the same qualifications as the inspector, and, under the inspector's direction, are empowered to perform all the duties of the inspector. Said inspector shall be liable for all acts or omissions of his or her deputies in the performance of their duties. Each deputy before he or she enters upon the duties of office, shall execute a bond to the inspector, with sureties to be approved by the inspector, in the sum of one thousand dollars, which shall be filed with the inspector and shall be conditioned for the faithful performance of the duties of such deputies. The said inspector shall provide himself or herself and deputies with proper standard instruments and appliances for use in the performance of his or her and their duties in making the tests and records herein designated.

        History:   L. 1905, ch. 313, § 8; March 24; R.S. 1923, 55-308.

• 55-309: Penalties. Any person violating any of the foregoing provisions of this act, except those for the violation of which penalties are especially prescribed, shall be guilty of a misdemeanor, and on conviction thereof shall be fined in a sum of not less than twenty-five dollars nor more than five hundred dollars.

        History:   L. 1905, ch. 313, § 9; March 24; R.S. 1923, 55-309.

• 55-310: Compensation of inspector and deputies. The compensation of such inspectors shall be five dollars per day for the time actually and necessarily consumed by them in the performance of their duties as herein prescribed, and the compensation of each deputy inspector shall be four dollars per day for each day actually and necessarily consumed by the deputy inspector in the performance of the duties as herein prescribed, and the same shall be paid by the county in which such service is performed, upon allowance by the board of county commissioners, as other claims against such county.

        History:   L. 1905, ch. 313, § 10; March 24; R.S. 1923, 55-310.