Kansas Carbon Dioxide Storage Lease (with Landowner)

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Multi-State
Control #:
US-OG-952
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This form is a carbon dioxide storage lease with landowner.
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FAQ

(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.

In Kansas, like in many other states, the mineral estate is considered as being 'dominant' over the surface estate to allow the owner of the oil, gas and other minerals to exploit and extract the gas and oil from underneath the land, and to use as much of the surface estate as is necessary to explore for and develop ...

This bill directs the Kansas Corporation Commission to establish regulations for permitting CO2 storage facilities and creates a CO2 storage fund to cover expenses related to permitting, enforcement, long-term monitoring, and post-closure remediation.

Laws relating to the injection and geologic storage of carbon dioxide exist in several states, including Illinois, Kansas, Oklahoma, Louisiana, Montana, North Dakota, Texas, West Virginia and Wyoming.

Landowners can participate in a carbon lease through carbon sequestration that is stored in the soil or through trees on the property. This is known as carbon offsets or carbon sequestration. Landowners can also lease their previously drilled wells to store carbon underground.

The Pore Lease Oil & gas leases normally contain provisions allowing the lessee to reinject produced gas and water. These lessors are the mineral owners. Depending upon the lease they granted to a lessee, the ?minerals? that lessees may produce are frequently limited to oil & gas.

Pore space ownership in the United States varies from state to state and can be owned by the State, by the U.S. government or private individuals. In other countries, subsurface rights are controlled entirely by the government.

Pore Space Law Some states, like Oklahoma, have specific statutes that recognize that the pore space is owned by the surface owner.

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Kansas Carbon Dioxide Storage Lease (with Landowner)