Okla. Stat. tit. 52, § 52-36.3: Condemnation of subsurface stratum or formation -

Operation of storage facilities - Limitations.

Any public utility may condemn for its use for the underground

storage of natural gas any subsurface stratum or formation in any

land which the Commission shall have found to be suitable and in the

public interest for the underground storage of natural gas, and in

connection therewith may condemn such other interests in property as

may be required adequately to examine, prepare, maintain and operate

such underground natural gas storage facilities; provided, however,

that the right of condemnation of underground sands, formations and

strata, granted hereby, shall be limited as follows:

(a) No sand, formation, or stratum which is producing or which

is capable of producing oil in paying quantities, through any known

recovery method, shall be subject to appropriation hereunder;

(b) No gas bearing sand, formation, or stratum shall be subject

to appropriation hereunder, unless the volumes of native gas

originally in place therein shall be shown to be substantially

depleted, and that such sand, formation or stratum has a greater

value or utility as a gas storage reservoir for the purpose of

insuring an adequate supply of natural gas for any particular class

or group of consumers of natural gas, or for the conservation of

natural gas, than for the production of the relatively small volumes

of native gas which remain therein, provided that no gas sand,

formation or stratum shall be condemned under the terms of this act

when the gas therein is being used for the secondary recovery of

oil, unless gas in necessary and required amounts is furnished to

the operator or operators of the secondary recovery operations for

as long as oil is produced in paying quantities in the secondary

operations for the recovery of oil at the same cost as that at which

the gas was being produced at the time of condemnation by the

operator of the secondary recovery project or projects.

(c) Only such area of such underground sand, formation or

stratum as may reasonably be expected to be penetrated by gas

displaced or injected into such underground gas storage reservoir

may be appropriated hereunder.

(d) No rights or interest in existing underground gas

reservoirs, being used for the injection, storage and withdrawal of

natural gas, owned or operated by others than the condemner, shall

be subject to appropriation hereunder.

The right of condemnation hereby granted shall be without

prejudice to the rights of the owner of said lands or of other

rights or interests therein to drill or bore through the underground

stratum or formation so appropriated in such manner as shall comply

with orders, rules and regulations of the commission issued for the

purpose of protecting underground storage strata or formations

against pollution and against the escape of natural gas therefrom

and shall be without prejudice to the rights of the owner of said

lands or other rights or interests therein as to all other uses

thereof. The additional cost of complying with such regulations or

orders in order to protect the storage shall be paid by the public

utility.