§ 34-1-152 — Ownership of pore space underlying surfaces

(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.
(b) A conveyance of the surface ownership of real property
shall be a conveyance of the pore space in all strata below the
surface of such real property unless the ownership interest in
such pore space previously has been severed from the surface
ownership or is explicitly excluded in the conveyance. The
ownership of pore space in strata may be conveyed in the manner
provided by law for the transfer of mineral interests in real
property. No agreement conveying mineral or other interests
underlying the surface shall act to convey ownership of any pore
space in the stratum unless the agreement explicitly conveys
that ownership interest.
(c) No provision of law, including a lawfully adopted rule
or regulation, requiring notice to be given to a surface owner,
to an owner of the mineral interest, or to both, shall be
construed to require notice to persons holding ownership
interest in any pore space in the underlying strata unless the
law specifies notice to such persons is required.
(d) As used in this section, the term "pore space" is
defined to mean subsurface space which can be used as storage
space for carbon dioxide or other substances.
(e) Nothing in this section shall be construed to change
or alter the common law as of July 1, 2008, as it relates to the
rights belonging to, or the dominance of, the mineral estate.
For the purpose of determining the priority of subsurface uses
between a severed mineral estate and pore space as defined in
subsection (d) of this section, the severed mineral estate is
dominant regardless of whether ownership of the pore space is
vested in the several owners of the surface or is owned
separately from the surface.
(f) All instruments which transfer the rights to pore
space under this section shall describe the scope of any right
to use the surface estate. The owner of any pore space right
shall have no right to use the surface estate beyond that set
out in a properly recorded instrument.
(g) Transfers of pore space rights made after July 1, 2008
are null and void at the option of the owner of the surface
estate if the transfer instrument does not contain a specific
description of the location of the pore space being transferred.
The description may include but is not limited to a subsurface
geologic or seismic survey or a metes and bounds description of
the surface lying over the transferred pore space. In the event
a description of the surface is used, the transfer shall be
deemed to include pore space at all depths underlying the
described surface area unless specifically excluded. The
validity of pore space rights under this subsection shall not
affect the respective liabilities of any party and such
liabilities shall operate in the same manner as if the pore
space transfer were valid.
(h) Nothing in this section shall alter, amend, diminish
or invalidate rights to the use of subsurface pore space that
were acquired by contract or lease prior to July 1, 2008.