§ 23-1307. Ownership of storage gas and storage rights.

Terms Used In N.Y. Environmental Conservation Law 23-1307

  • Gas: means all natural, manufactured, mixed, and byproduct gas, and all other hydrocarbons not defined as oil in this section. See N.Y. Environmental Conservation Law 23-0101
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Oil: means crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas. See N.Y. Environmental Conservation Law 23-0101
  • Reservoir: means any underground reservoir, natural or artificial cavern or geologic dome, sand or stratigraphic trap, whether or not previously occupied by or containing oil or gas. See N.Y. Environmental Conservation Law 23-0101

1. All gas and liquefied petroleum gas, which has previously been reduced to possession, and which is lawfully injected into an underground storage reservoir, shall be deemed the property of the injector, his heirs, successors or assigns, provided that the injector, his heirs, successors or assigns, shall have no right to reserves of native gas or oil remaining in any stratum or portion thereof which have not been condemned hereunder or otherwise acquired by such injector, his heirs, successors or assigns. Nothing contained in this subdivision shall be construed to confer on any operator any storage rights not otherwise acquired or held by him.

2. No production lease shall be construed to include rights to store oil or gas unless the lease includes a provision granting such storage rights. The rule of construction provided in this subdivision is not intended to alter any law or rule of construction applicable to leases made prior to October 1, 1963 or to imply any rule of construction for such leases.

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