The Colorado Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement is a legal document that outlines the terms and conditions for the storage of carbon dioxide in underground subsurface reservoirs within the state of Colorado. This agreement is specific to the utilization of these reservoirs for carbon capture and storage purposes. One type of the Colorado Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement is the "Public Lease and Agreement," which governs the use of publicly owned or managed subsurface reservoirs for carbon dioxide storage. This type of agreement involves the leasing of the storage space to private entities or organizations engaged in carbon capture and storage activities. Another type is the "Private Lease and Agreement," which applies to privately owned subsurface reservoirs intended for carbon dioxide storage. Private landowners or entities may enter into this kind of agreement with carbon capture and storage operators to lease their underground storage space for CO2 storage purposes. The Colorado Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement specifies crucial details related to the storage lease, including the duration of the lease, the permitted volume of carbon dioxide storage, and the responsibilities and liabilities of both the lessor (landowner or managing authority) and the lessee (carbon capture and storage operator). This legal document also includes provisions regarding the monitoring and verification of the stored carbon dioxide, the protocols for reporting and record-keeping, and the financial obligations of the lessee, such as rental payments, royalty fees, and potential liability for any damages or incidents related to the storage operation. Furthermore, the agreement may encompass considerations of environmental protection, risk assessment, and mitigation measures to ensure the safe storage of CO2 without adversely impacting the environment or public health. Overall, the Colorado Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement establishes a legal framework outlining the rights and responsibilities of parties involved in the storage of carbon dioxide in underground reservoirs, ensuring transparency, compliance, and the protection of both the environment and the interests of all stakeholders.
Colorado Memorandum of Subsurface Underground Carbon Dioxide Storage Lease and Agreement
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FAQ
Kentucky, on the other hand, appears to be an outlier that ties ownership of ?pore space? to the owner of the mineral rights. Many other states, like Indiana, have no case law directly addressing this issue.
Under American rule, the mineral estate holder owns the minerals but not the geologic formation. The surface owner owns the geologic pore space and has storage rights.
As used in this section, pore space is real property and, until title to the pore space or rights, interests or estates in the pore space are separately transferred, pore space is property of the person or persons holding title to the land surface above it.
Ownership. W.S. § 34-1-152 grants pore space ownership to the surface owner and allows it to be severed from the surface and separately conveyed.
(a) The ownership of all pore space in all strata below the surface lands and waters of this state is declared to be vested in the several owners of the surface above the strata.
Carbon dioxide (CO2) can be stored underground as a supercritical fluid.
