Mississippi Code 1972 (2023) › Title 53 - OIL, GAS, AND OTHER MINERALS (§§ 53-1-1 — 53-11-33) › Chapter 11 - MISSISSIPPI GEOLOGIC SEQUESTRATION OF CARBON DIOXIDE ACT (§§ 53-11-1 — 53-11-33) › Section 53-11-9 - Approval of reservoir storage; title to carbon dioxide

(1)
The board may enter an order, after notice and hearing pursuant to the provisions of Sections
53-1-19
through
53-1-37
, approving any proposed geologic sequestration of carbon dioxide. The board shall be authorized to issue an order upon finding the following:
(a)
That the reservoir sought to be used as a reservoir for the injection, storage and withdrawal of carbon dioxide is suitable and feasible for such use and in the public interest;
(b)
That a majority interest, as provided in this chapter, have consented to such use in writing, or in the event that a majority has not consented, for the purpose of a preliminary technical order under this subsection (1) that must subsequently meet the requirements of Section
53-11-11(3)
, upon a showing by the storage operator that it has made a good-faith effort to obtain such majority consent, and that all nonconsenting owners are or will be equitably compensated;
(c)
That there is no reasonable risk that the use of the reservoir for the storage of carbon dioxide will injure or endanger other formations containing fresh water, oil, gas or other commercial mineral deposits;
(d)
That there is no reasonable risk that the proposed storage will endanger human lives or cause a hazardous condition to property; and
(e)
In the case of a reservoir that may contain oil, gas or other commercial minerals, that either:
(i)
The reservoir has been substantially depleted of all volumes of reservoir oil, gas or other commercial minerals and the requirements of Sections
53-11-11
and
53-11-13
have been satisfied; or
(ii)
The reservoir has a greater value or utility as a reservoir for carbon dioxide storage than for the production of the remaining volumes of reservoir oil, gas, condensate or other commercial mineral, if any, and the requirements of Sections
53-11-11
and
53-11-13
have been satisfied.
(2)
Approval of a geologic sequestration facility by the board shall provide full and complete authority for the construction, equipping and operation of the geologic sequestration facility without need of further action or grant by any person.
(3)
Neither injection nor an order of the board shall affect ownership of the carbon dioxide or inhibit the voluntary conveyance of title to the carbon dioxide by the owner. The board may issue any necessary order to protect the title of an owner to carbon dioxide injected into a geologic sequestration facility. The carbon dioxide shall not be subject to the right of any person other than the owner of the carbon dioxide to produce, take, reduce to possession, or otherwise interfere with or exercise any control thereover. The owner of the carbon dioxide shall have no right to gas, liquid hydrocarbons, salt or other commercial minerals in any stratum or portion thereof not determined by the board to constitute an approved sequestration reservoir which are not otherwise owned or leased by the owner.
Laws, 2011, ch. 437, § 5, eff. 3/23/2011.
Amended by Laws, 2022, ch. 369, HB 1214,§ 3, eff. 7/1/2022.