Okla. Stat. tit. 27A, § 3-5-106
Effect of Act
Effective Nov 1, 2025Laws 2009, SB 610, c. 429, § 6, emerg. eff. June 1, 2009; Amended by Laws 2025, SB 269, c. 247, § 8, eff. November 1, 2025 (superseded document available).
- A. Nothing in the Oklahoma Carbon Capture and Geologic Sequestration Act shall supersede the provisions of the Oklahoma Carbon Sequestration Enhancement Act, Section 3-4-101 et seq. of this title.
- B. Nothing in the Oklahoma Carbon Capture and Geologic Sequestration Act shall alter the incidents of ownership, or other rights, of the owners of the mineral estate or adversely affect enhanced oil or gas recovery efforts in the state.
- C. Any right granted to a facility operator pursuant to the Oklahoma Carbon Capture and Geologic Sequestration Act shall be without prejudice to the rights of any surface owner or mineral owner, including a working interest and royalty owner, well operator, and gas storage operator of the land encompassed within the defined geographic boundary of the CO2 sequestration facility or a CO2 storage unit permitted or authorized by the Corporation Commission, to drill or bore through the approved reservoir in a manner as shall comply with orders, rules and regulations issued for the purpose of protecting the approved reservoir against the escape of CO2. The surface estate is servient to the dominant mineral estate for the purposes of oil and gas development.
- D. Nothing in the Oklahoma Carbon Capture and Geologic Sequestration Act shall grant a private operator the right of condemnation or eminent domain for any purpose.
Laws 2009, SB 610, c. 429, § 6, emerg. eff. June 1, 2009; Amended by Laws 2025, SB 269, c. 247, § 8, eff. November 1, 2025 (superseded document available).