sequestration project to isolate any existing or future
production from the mineral, including of the coal, or oil and
gas estate, from the carbon dioxide plume and shall indicate
whether the storage facility contains commercially valuable
mineral, including the coal, or oil and gas estates, and, if it
does, a permit may be issued only if the department is satisfied
that the interests of the mineral, including coal, or oil and
gas estate, will not be adversely affected and have been
addressed in an agreement entered into by the storage operator
and the subsurface property interest owners.
Section 7. Ownership of material injected into storage
facilities and liability for holding interests
related to a storage facility or giving consent to
allow carbon sequestration activities.
(a) General rule.--All carbon dioxide, and other substances
injected incidental to the injection of carbon dioxide, injected
into a storage facility for the purpose of carbon sequestration
shall be presumed to be owned by the storage operator of the
material and all rights, benefits, burdens and liabilities of
the ownership shall belong to the storage operator. This
presumption may be rebutted by an individual claiming contrary
ownership by a preponderance of the evidence in an action to
establish ownership.
(b) Liability.--No owner of pore space, other individual
holding any right to control pore space or other surface
property interest owner or subsurface property interest owner,
shall be liable for the effects of injecting carbon dioxide for
carbon sequestration activities, or for the effects of injecting
other substances for the purpose of carbon sequestration which
substances are injected incidental to the injection of carbon
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