West Virginia Code
Article 11B. Underground Carbon Dioxide Sequestration and Storage
§22-11B-18. Subsurface Pore Space or Container Space

(a) Title to pore space in all strata underlying the surface of lands and waters is vested in the owner of the overlying surface estate.
(b) A conveyance of title to the surface of real property conveys the pore space in all strata underlying the surface of the real property.
(c) Title to pore space may not be severed from title to the surface of the real property overlying the pore space. An instrument or arrangement that seeks to sever title to pore space from title to the surface is void and unenforceable as to the severance of the pore space from the surface interest.
(d) This article does not affect transactions before the effective date of this article, where the terms are clear and unambiguous upon the face of the instruments which severed pore space from title to the surface estate. However, there shall be a rebuttable presumption that for all transactions prior to the effective date of this article, that the pore space remains vested with the surface owner unless there was a clear and unambiguous reservation, conveyance, and/or severance of the pore space from the surface upon the face of the instruments.
(e) In the relationship between a severed mineral owner and a pore space estate, this article does not change or alter the common law, as it relates to the rights belonging to, or the dominance of, the mineral estate.

Structure West Virginia Code

West Virginia Code

Chapter 22. Environmental Resources

Article 11B. Underground Carbon Dioxide Sequestration and Storage

§22-11B-1. Statement of Purpose

§22-11B-2. Definitions

§22-11B-3. Prohibition of Underground Carbon Dioxide Sequestration Without a Permit; Injection of Carbon Dioxide for the Purpose of Enhancing the Recovery of Oil or Other Minerals Not Subject to the Provisions of This Article

§22-11B-4. Permit Application Requirements and Contents; Application Fee, Required Findings, and Rulemaking

§22-11B-5. Public Participation in Permit Process, Notices, Public Hearing

§22-11B-6. Permit and Order Provisions; Identification of Agent

§22-11B-7. Additional Rulemaking Authority

§22-11B-8. Environmental Protection, Other Law

§22-11B-9. Oil, Natural Gas and Coalbed Methane Activities at Carbon Dioxide Sequestration Sites; Extraction of Sequestered Carbon Dioxide

§22-11B-10. Cooperative Agreements

§22-11B-11. Ownership of Carbon Dioxide

§22-11B-12. Certificate of Project Completion, Release, Transfer of Title and Custody, Filing

§22-11B-13. Carbon Dioxide Storage Facility Administrative Fund

§22-11B-14. Application Fee, Deposit, Use in Cooperative Regulatory Functions

§22-11B-15. Carbon Dioxide Storage Facility Trust Fund

§22-11B-16. Operation Fee, Use, Report to Legislature

§22-11B-17. Determining Storage Amounts, Carbon Credits, Fee

§22-11B-18. Subsurface Pore Space or Container Space

§22-11B-19. Co-Tenants, Ownership of Pore Space by Multiple Co-Tenants and Collective Storage

§22-11B-20. Funds to Be Held in Trust for Unknown or Unlocatable Owners

§22-11B-21. Judicial Review