§ 30:1112 — Notice of geologic storage agreements; notice of Class VI injection well permits;

Louisiana § 30:1112

• Jurisdiction: Louisiana
• Title 30: Mortgages and Privileges

Text

§1112. Notice of geologic storage agreements; notice of Class VI injection well permits;
maps; recordation
A. Notice of geologic storage agreement.
(1) In lieu of recording an agreement for the geologic storage of carbon dioxide or
any amendment or modification thereof, as provided by Civil Code Article 3338, a party may
record a notice of geologic storage agreement signed by the grantor who executed the
agreement.
(2) Recordation of a notice shall make the geologic storage agreement and any
subsequent amendment or modification effective as to third persons to the same extent as
recordation of the instrument.
(3) The notice of geologic storage agreement shall contain the following:
(a) A declaration that the property is subject to the geologic storage agreement and
the names and addresses of the parties who executed the agreement.
(b) A description of the surface and depths covered by the geologic storage
agreement.
(c) The effective date of the geologic storage agreement, its term, and the provisions
of any other extensions and renewals of the term provided for in the agreement.
(d) A description of any restrictions on drilling through or otherwise penetrating the
carbon dioxide storage reservoir for purposes of exploring, developing, or producing
minerals from or below the reservoir.
(4)(a) A change in a geologic storage agreement with respect to any matter that is
required to be included in a notice of geologic storage agreement pursuant to Paragraph (3)
of this Subsection is not effective as to third persons unless the parties record a signed
amendment to the notice that describes the change.
(b) Notwithstanding Subparagraph (a) of this Paragraph, if the change is a transfer
of a party's rights, the parties may do either of the following:
(i) Record an amendment to the notice signed by the transferor and transferee
evidencing the transfer.
(ii) Record the instrument transferring the party's rights.
(5) The effect of recordation of a notice of geologic storage agreement ceases on
occurrence of either of the following:
(a) Upon recordation of an instrument signed by the parties to the agreement or their
successors declaring that the geologic storage agreement has terminated.
(b) On the date that the geologic storage agreement may finally terminate as set forth
in the notice of geologic storage agreement.
(6) The provisions of this Subsection authorizing the filing of a notice of geologic
storage agreement are remedial and shall be applied retroactively to any notice of geologic
storage agreement filed for record prior to June 16, 2023, which is in substantial compliance
with the provisions of this Subsection, and such a notice shall affect third persons as of the
date of recordation.
(7) The grantee of any recorded notice of geologic storage agreement shall notify the
governing authority of the parish in which the instrument is recorded within thirty days after
recordation. Notice may be made by electronic mail to the parish president, police jury
president, or mayor-president, depending on the form of parish government.
B. Notice of Class VI injection well permit.
After the issuance of a Class VI injection well permit, the owner or operator of the
storage facility shall record a notice of the permit with the clerk of court for any parish
included in the area of review for the permit application. The notice shall include the office
of conservation permit number and the serial number of the Class VI injection well
associated with the permit.
C. Maps.
(1) After the issuance of a Class VI injection well permit, the owner or operator of
the storage facility shall record with the clerk of court for each parish within the area of
review a map or maps bearing the office of conservation permit number containing the
location or proposed location for the following items, but only to the extent that this
information is also required under Statewide Order 29-N-6:
(a) Injection wells.
(b) Monitoring wells.
(c) Producing wells.
(d) Abandoned and orphan wells.
(e) Plugged wells and dry holes.
(f) Known and suspected faults.
(g) Water wells.
(h) Surface bodies of water.
(i) Natural springs.
(j) Aquifers.
(k) Structures intended for human occupancy.
(l) Roads.
(m) State and parish boundaries.
(2) The owner or operator shall notify the governing authority of each parish in
which the maps are recorded within thirty days after recordation. Notice may be made by
electronic mail to the parish president, police jury president, or mayor-president, depending
on the form of parish government.

Legislative History

Acts 2023, No. 378, §1, eff. June 14, 2023; Acts 2024, No. 702, §1, eff. June 19, 2024.