§ 38-22-08 — Permit requirements

Before issuing a permit, the commission shall find:
1. That the storage operator has complied with all requirements set by the commission.
2. That the storage facility is suitable and feasible for carbon dioxide injection and
storage.
3. That the carbon dioxide to be stored is of a quality that allows it to be safely and
efficiently stored in the storage reservoir.

4. That the storage operator has made a good-faith effort to get the consent of all
persons who own the storage reservoir's pore space.
5. That the storage operator has obtained the consent of persons who own at least sixty
percent of the storage reservoir's pore space.
6. Whether the storage facility contains commercially valuable minerals and, if it does, a
permit may be issued only if the commission is satisfied that the interests of the
mineral owners or mineral lessees will not be adversely affected or have been
addressed in an arrangement entered into by the mineral owners or mineral lessees
and the storage operator.
7. That the proposed storage facility will not adversely affect surface waters or formations
containing fresh water.
8. That carbon dioxide will not escape from the storage reservoir.
9. That substances that compromise the objectives of this chapter or the integrity of a
storage reservoir will not enter a storage reservoir.
10. That the storage facility will not endanger human health nor unduly endanger the
environment.
11. That the storage facility is in the public interest.
12. That the horizontal and vertical boundaries of the storage reservoir are defined. These
boundaries must include buffer areas to ensure that the storage facility is operated
safely and as contemplated.
13. That the storage operator will establish monitoring facilities and protocols to assess
the location and migration of carbon dioxide injected for storage and to ensure
compliance with all permit, statutory, and administrative requirements.
14. That all nonconsenting pore space owners are or will be equitably compensated.