55-1210. Property rights to injected natural gas established. - Kansas Statutes

55-1210

Chapter 55.--OIL AND GAS Article 12.--UNDERGROUND STORAGE OF NATURAL GAS

      55-1210.   Property rights to injected natural gas established.(a) All natural gas which has previously been reduced topossession, and which is subsequently injected into underground storage fields,sands, reservoirs and facilities, whether such storage rights were acquired byeminent domain or otherwise, shall at all times be the property of theinjector, such injector's heirs, successors or assigns, whether owned by theinjector or stored under contract.

      (b)   In no event shall such gas be subject to the right of the owner of thesurface of such lands or of any mineral interest therein, under which such gasstorage fields, sands, reservoirs and facilities lie, or of any person, otherthan the injector, such injector's heirs, successors and assigns, to produce,take, reduce to possession, either by means of the law of capture or otherwise,waste, or otherwise interfere with or exercise any control over such gas. Nothing in this subsection shall be deemed to affect the right of the owner ofthe surface of such lands or of any mineral interest therein to drill or borethrough the underground storage fields, sands, reservoirs and facilities insuch a manner as will protect such fields, sand, reservoirs and facilitiesagainst pollution and the escape of the natural gas being stored.

      (c)   With regard to natural gas that has migrated to adjoining property or toa stratum, or portion thereof, which has not been condemned as allowed by lawor otherwise purchased:

      (1)   The injector, such injector's heirs, successors and assigns shall notlose title to or possession of such gas if such injector, such injector'sheirs, successors orassigns can prove by a preponderance of the evidence that such gas wasoriginally injected into the underground storage.

      (2)   The injector, such injector's heirs, successors and assigns, shall havethe right to conduct such tests on any existing wells on adjoining property, atsuch injector's sole risk and expenseincluding, but not limited to, the value of any lost production of other thanthe injector's gas, as may be reasonable to determine ownership of such gas.

      (3)   The owner of the stratum and the owner of the surface shall be entitledto such compensation, including compensation for use of or damage to thesurface or substratum,as is provided by law, and shall be entitled to recovery of all costs andexpenses, includingreasonable attorney fees, if litigation is necessary to enforce any rightsunder this subsection (c) and the injector does not prevail.

      (d)   The injector, such injector's heirs, successors and assigns shall havethe right to compel compliance with this section by injunctionor other appropriate relief by application to a court of competentjurisdiction.

      History:   L. 1993, ch. 102, § 1; July 1.