The Texas Carbon Dioxide Storage Lease (with Landowner) is an agreement that allows landowners in Texas to lease their land for carbon dioxide (CO2) storage. This lease agreement grants permission to companies or organizations engaged in carbon sequestration to store CO2 in underground geological formations on the landowner's property. Carbon dioxide storage leases are an essential component of carbon capture and storage (CCS) initiatives aiming to reduce greenhouse gas emissions and combat climate change. By capturing CO2 emissions from industrial sources such as power plants or factories, the stored carbon dioxide helps prevent its release into the atmosphere, averting its contribution to global warming. Here are a few types of Texas Carbon Dioxide Storage Leases (with Landowner): 1. Underground Injection Control (UIC) Lease: This type of lease specifically pertains to landowners who allow the injection of CO2 into underground formations on their property. The UIC lease outlines the responsibilities, rights, and obligations of both the landowner and the lessee regarding the injection process and monitoring of the stored carbon dioxide. 2. Surface Access Agreement: In some cases, a surface access agreement may be required when the CCS project requires surface access rights, such as constructing injection wells, pipelines, or monitoring infrastructure. This agreement grants the lessee access to the landowner's surface for the specified activities while ensuring the landowner's interests are protected. 3. Easement Agreement: An easement agreement is a specific type of lease that grants the lessee a right-of-way, either above or below the land surface, for the construction and operation of pipelines or other necessary infrastructure to transport the captured CO2 from the emission source to the storage site. The agreement outlines the terms, conditions, and compensation related to these rights-of-way. 4. Monitoring and Indemnification Agreement: This type of agreement focuses on the rights and responsibilities of the landowner and the lessee regarding the monitoring and ongoing verification of the stored CO2. It highlights the procedures for periodic monitoring, data collection, and indemnification mechanisms to address any environmental concerns or damages that might arise during the storage process. Texas Carbon Dioxide Storage Leases provide landowners with the opportunity to contribute to carbon reduction efforts and benefit financially from leasing their land for carbon storage. These agreements ensure that both parties adhere to state and federal regulations, protect the rights of the landowner, and facilitate the successful implementation of CCS projects in Texas.
Texas Carbon Dioxide Storage Lease (with Landowner)
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Carbon stored underground could find multiple ways to escape and seep back into the atmosphere due to chemical reactions that take place between the carbon dioxide, rocks, water in the pores and even the cement from abandoned wells, ing to researchers from Penn State University.
?Surface rights? refers to the right to control the surface of the land. Existing structures are included under this umbrella. Typically, when property is purchased, the transaction includes the surface and mineral rights.
Class II wells are used to inject fluids related to oil and gas production, including injection of CO2 for EOR. Class VI wells are used to inject CO2 for GS.
The surface owner owns the geologic pore space and has storage rights.
What Are Mineral Rights and Who Has Them? Mineral rights in Texas are the rights to mineral deposits that exist under the surface of a parcel of property. This right normally belongs to the owner of the surface estate; however, in Texas those rights can be transferred through sale or lease to a second party.
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.
Class VI wells are used to inject carbon dioxide (CO2) into deep rock formations. This long-term underground storage is called geologic sequestration (GS).
In Texas and most states, pore space belongs to the surface owner, absent an explicit severance. Some states are passing statutes prohibiting the severance of pore space as a separate estate, thereby securing ownership in the surface owners.