H.B. 62

1

OWNERSHIP OF SUBSURFACE SPACE FOR INJECTION
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Roger E. Barrus
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill addresses ownership of pore space lying beneath real property.
10 Highlighted Provisions:
11 This bill:
12 . defines "pore space";
13 . provides that ownership of pore space is not severed from ownership of the surface
14 unless expressly conveyed; and
15 . addresses the ownership of pore space that is created by a mineral estate owner.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 ENACTS:
22 57-1-47, Utah Code Annotated 1953
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 57-1-47 is enacted to read:
26 57-1-47. Ownership of subsurface space.
27 (1) As used in this section, "pore space" means space lying below the surface

28 boundaries of real property that may be used for injection or storage of gasses.
29 (2) A conveyance of an interest in real property does not sever ownership of pore space
30 from the surface ownership unless the ownership of pore space is expressly conveyed.
31 (3) If a pore space described in Subsection (2) is created by the owner of a mineral
32 estate for use in extracting material covered by the owner's mineral estate, the owner of the
33 mineral estate:
34 (a) may use the pore space to the extent necessary to extract the material; and
35 (b) is not considered the owner of the pore space.




Legislative Review Note
as of 1-19-11 9:16 AM

Office of Legislative Research and General Counsel