N.Y. Environmental Conservation Law § 23-1307: Ownership of storage gas and storage rights

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

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.