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


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  • 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.