Indiana § 14-39-2-4 Integration of interests to develop pore space

Indiana Statutes

§ 14-39-2-4 — Integration of interests to develop pore space

Indiana·Art. 39 CARBON DIOXIDE·Ch. 2 Underground Storage of Carbon Dioxide

(a)If at least two (2) pore space owners own pore space located within a proposed carbon dioxide storage area of a storage facility, the owners may agree to integrate their interests to develop the pore space as a proposed storage facility for the underground storage of carbon dioxide.

(b)If all of the owners of the pore space under subsection (a) do not agree to integrate their interests, the department may issue an order requiring the owners to integrate their interests and to develop the pore space as a proposed storage facility for the underground storage of carbon dioxide to serve the public interest, prevent waste, protect correlative rights, and facilitate the efficient and effective use of natural resources subject to the findings under subsection (c).

(c)Before issuing an order

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(a) If at least two (2) pore space owners own
pore space located within a proposed carbon dioxide storage area of a
storage facility, the owners may agree to integrate their interests to
develop the pore space as a proposed storage facility for the
underground storage of carbon dioxide.
(b) If all of the owners of the pore space under subsection (a) do not
agree to integrate their interests, the department may issue an order
requiring the owners to integrate their interests and to develop the pore
space as a proposed storage facility for the underground storage of
carbon dioxide to serve the public interest, prevent waste, protect
correlative rights, and facilitate the efficient and effective use of natural
resources subject to the findings under subsection (c).
(c) Before issuing an order under subsection (b), the department
must make the following findings:
(1) That a storage operator:
(A) filed a complete application for a UIC Class VI permit or a
complete application for an amended UIC Class VI permit; and
(B) submitted all the necessary information to the United States
Environmental Protection Agency for the agency to process the
storage operator's permit application.
(2) That the storage operator has made a good faith effort to
obtain the consent of all pore space owners located within the
proposed storage facility.
(3) That the storage operator has obtained the consent of the
owners of the pore space underlying at least seventy percent
(70%) of the surface area above the proposed storage facility or
amended proposed storage facility.
(4) That all pore space owners who do not agree to integrate their
interests to develop the pore space as a proposed storage facility
for the underground storage of carbon dioxide are equitably
compensated.
(d) A right to pore space granted by this section does not confer a
right to enter upon, or otherwise use, the surface of the land which is
integrated under this section unless provided in an order requiring the
owners to integrate their interests and to develop the pore space as a
proposed storage facility for the underground storage of carbon
dioxide.
(e) An involuntary integration order issued by the department takes
effect fifteen (15) days after the applicant is issued a UIC Class VI
permit or an amended UIC Class VI permit, as applicable.

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