SENATE BILL 586

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

George K. Munoz

AN ACT

RELATING TO PROPERTY; PROVIDING FOR OWNERSHIP OF PORE SPACE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. [NEW MATERIAL] OWNERSHIP OF PORE SPACE.--

          A. The pore space is an element of the surface estate. Title to pore space in all strata underlying the surface of lands and waters is vested in the owner of the overlying surface estate, unless otherwise severed by the surface owner in a deed or other severance instrument.

          B. The provisions of this section shall not be construed to affect:

                (1) the law with respect to underground waters; or

                (2) the dominance of the mineral estate, including an enhanced oil recovery project or enhanced gas recovery project pursuant to the Oil and Gas Act.

          C. As used in this section:

                (1) "pore space" means all subsurface space, whether in caverns, fissures or pores, on the surface of formation rocks or otherwise; and

                (2) "reservoir" means any depleted oil or gas reservoir, saline aquifer, coal seam or any natural or artificial subsurface stratum, formation, aquifer, cavity or void that may be used for injection and storage of carbon dioxide, but "reservoir" does not include any aquifer or part of any aquifer that is an underground source of drinking water.

     SECTION 2. SEVERABILITY.--If any part or application of this act is held invalid, the remainder or its application to other situations, persons or government entities shall not be affected.

     SECTION 3. EFFECTIVE DATE.--The effective date of the provisions of this act is December 31, 2019.

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