Kansas maintains most of the regulatory authority for shale gas extraction in the Oil and Gas Conservation Division of the Kansas Corporation Commission (KCC).[1]  To a limited extent, the Kansas Department of Health and Environment may be involved in the wells and emissions or wastewater discharges, as well as the Division of Water in the Department of Agriculture for water permits.  The centralization of authority in the Corporation Commission doesn’t necessarily simplify regulation; for example, surface casing depth varies by county. 

The KCC has rules against economic waste associated with natural gas production, the Commission may require involuntary unitization to promote the efficient production of gas resources, but considers a number of factors listed in the rule when determining a fair result.  Three conditions must be present for a unitization order: that unitization wouldsubstantially increase the recovery of gas or the production has reached a low level, the value of additional gas would substantially exceed the cost, and that the proposed operation is fair and equitable to all interest owners.[2]  Kansas sets the standard drilling unit at 10 acres.

Once the unit is set, across the state, Kansas requires a minimum setback of 330 feet.[3]  Much of the requirement for Kansas is set based on the individual application with attention to safe and efficient extraction of natural gas.  Because of the absence of specific statewide guidance with regard to building and infrastructure offsets, it can be assumed that a reasonable distance in planning is the state’s generic boundary setback of 330 feet. Establishing a drilling plan that meets the boundary setback, but is within 330 feet of a well-defined outdoor area, school, occupied house, or other unrelated facility may require additional safety mitigation measures or justification, but the law does not specifically state any requirements. The law is clearer on casing, but there is variation in regulation by county based on special consideration of geologic and hydrologic conditions, which is most notable in the casing requirements for wells.  The state minimum standard is from the surface to 50 feet below the lowest known fresh and usable water.[4]  The state is divided into regions and areas, with county specific requirements sometimes added on.  Minimum requirements for each county should be verified on the KCC website, as they do vary around the state.[5] 

Regarding additional considerations, Kansas does not currently have a disclosure law for fracking fluids, but one was under consideration and public hearings held in August 2013, with no decision from the KCC as of October.[6]  The state is promoting the value of Mississippian Lime Play and provided a specific website and briefing paper on their resources and how to connect with them.[7]