1. A. Unless otherwise expressly provided by a contract, bill of sale, deed, mortgage, deed of trust, or other legally binding document or by other law, carbon dioxide injected into a CO2 sequestration facility or a CO2 storage unit associated with a CO2 sequestration facility is considered to be the personal property of the facility owner.
2. B. Absent a final judgment of willful abandonment rendered by a court of competent jurisdiction, or a regulatory determination of willful abandonment, carbon dioxide injected into a CO2 sequestration facility or a storage unit associated with a CO2 sequestration facility is not considered to be the property of the owner of the surface or mineral estate in the land encompassing the geographic boundary of the CO2 sequestration facility, or any person claiming under the owner of the surface or mineral estate.

Laws 2009, SB 610, c. 429, § 5, emerg. eff. June 1, 2009; Amended by Laws 2025, SB 269, c. 247, § 7, eff. November 1, 2025 (superseded document available).