The Indiana Carbon Dioxide Storage Lease is a legal agreement that allows the storage of carbon dioxide (CO2) within specific locations in the state of Indiana. This lease is typically entered into by parties interested in utilizing carbon capture and storage (CCS) technology to reduce greenhouse gas emissions and combat climate change. Carbon dioxide storage leases in Indiana can be classified into two main types: 1) Public Carbon Dioxide Storage Leases: These are leases obtained by government entities or agencies for the purpose of carbon dioxide storage. Public entities might include state departments of environmental protection or energy, or federal agencies involved in climate change mitigation efforts. 2) Private Carbon Dioxide Storage Leases: These leases are acquired by private companies or organizations interested in carbon dioxide storage for various purposes. These purposes may include commercial applications, research and development, or participation in voluntary carbon offset programs. The Indiana Carbon Dioxide Storage Lease outlines several important details and provisions. It typically includes: 1) Identification of Parties: The lease clearly identifies all parties involved, including the lessor (the entity granting the lease) and the lessee (the entity obtaining the lease). 2) Description of Storage Site: The lease provides a detailed description of the location where carbon dioxide storage is permitted. This may include geological formations suitable for secure and permanent storage, such as deep saline aquifers or depleted oil and gas reservoirs. 3) Rights and Responsibilities: The lease defines the rights and responsibilities of both the lessor and lessee. This includes the lessee's right to store carbon dioxide and the lessor's right to regulate or inspect the storage activities. It may also specify any limitations or restrictions on the lessee's operations. 4) Term and Renewal: The lease specifies the duration of the agreement, usually measured in years. It may also address the possibility of lease renewal or extension upon mutual agreement. 5) Financial Considerations: The lease outlines any financial arrangements, such as rental fees or royalties paid by the lessee to the lessor. These provisions ensure that the lessor is compensated for the use of their property or resources. 6) Liability and Indemnification: The lease typically includes liability and indemnification clauses, which define the parties' responsibility for any damages, accidents, or environmental impacts that may occur during or as a result of carbon dioxide storage. Indiana's commitment to carbon dioxide storage leases demonstrates its dedication to adopting sustainable and environmentally friendly practices. Such agreements play a crucial role in supporting the development and implementation of CCS technologies, ultimately helping to reduce greenhouse gas emissions and combat climate change.
Indiana Carbon Dioxide Storage Lease
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The analysis suggests coal-sourced CO2 emissions can be stored in this region at a cost of $52?$60 ton?1, whereas the cost to store emission from natural-gas-fired plants ranges from approximately $80 to $90. Storing emissions offshore increases the lowest total costs of CCS to over $60 per ton of CO2 for coal.
Section 14-39-2-5 - Authorization of carbon sequestration projects (a) Carbon sequestration projects are authorized in Indiana for the purposes of: (1) injecting carbon dioxide into the pore space of an underground storage facility through at least one (1) carbon dioxide injection well pursuant to a UIC Class VI permit ...
CO2 is transported, stored and handled in liquid form, either at ambient temperature (in cylinders or non-insulated storage tanks at a pressure of 45-65 bar) or refrigerated (in insulated tankers and storage tanks) at temperatures between -35 °C and -15 °C and pressures of 12 to 25 bar.
Any ownership rights to pore space that were not expressly or by implication acquired or reserved by conveyance document remain vested in the surface estate.
Ownership. W.S. § 34-1-152 grants pore space ownership to the surface owner and allows it to be severed from the surface and separately conveyed. In 2009 W.S. § 35-11-316 created an 80% unitization requirement.
Pore space ownership in the United States varies from state to state and can be owned by the State, by the U.S. government or private individuals. In other countries, subsurface rights are controlled entirely by the government.
Kentucky, on the other hand, appears to be an outlier that ties ownership of ?pore space? to the owner of the mineral rights. Many other states, like Indiana, have no case law directly addressing this issue.
Pore Space Law Some states, like Oklahoma, have specific statutes that recognize that the pore space is owned by the surface owner.