Wyoming Pore Space Ownership

Pore space is defined as the space containing the liquid and gas phases of soil. These pore spaces and there ownership have recently become more valuable and with this value has also come a need for clarification of rights. In Wyoming a law governing geologic carbon sequestration, the injection and storage of carbon dioxide in underground reservoirs, was recently signed. In an article by Scotti Gray she includes the following as notable aspects of the law:

  • Pore space may be conveyed in the same manner as the mineral estate.
  • A conveyance of the surface estate is a conveyance of the pore space estate, unless specifically stated otherwise.
  • A conveyance of the pore space state must set forth a specific description of the location of the pore space. Such description may include a subsurface geologic or seismic survey or a metes and bounds description of the surface. If a surface description is used the transfer includes pore space at all depths.
  • It does not alter the primacy of the mineral estate or the right of the mineral estate lessee to reasonable use of the surface for exploration and production.
  • It does not alter the right of the mineral estate owner to drill or bore through a geologic sequestration site in accordance with the law.
  • The injection of carbon dioxide for the purpose of enhanced recovery is not subject to the provisions of the carbon sequestration law.
  • The Department of Environmental Quality will regulate Wyoming’s carbon sequestration program.

    This bill defines more ownership rights for land owners and states that pore spaces underneath surface estates are owned by the surface owner. It also speaks of the direction the State of Wyoming is heading, addressing issues such as carbon emissions and thier environmental effect, as well as the ownership and storage issues that effect the citizens of the state.

    Sources:
    Gray, Scotti. 2008. Wyoming Clarifies Pore Space Ownership. Gray and Johnson, P.L.L.P. Attorneys at Law, Legal Newsletter. Vol. 2 Issue 2.

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