{"data":{"id":"us-ok/okla.-stat.-tit.-52-52-36.3","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 52, § 52-36.3","heading":"Condemnation of subsurface stratum or formation -","body":"Operation of storage facilities - Limitations.\n\nAny public utility may condemn for its use for the underground\n\nstorage of natural gas any subsurface stratum or formation in any\n\nland which the Commission shall have found to be suitable and in the\n\npublic interest for the underground storage of natural gas, and in\n\nconnection therewith may condemn such other interests in property as\n\nmay be required adequately to examine, prepare, maintain and operate\n\nsuch underground natural gas storage facilities; provided, however,\n\nthat the right of condemnation of underground sands, formations and\n\nstrata, granted hereby, shall be limited as follows:\n\n(a) No sand, formation, or stratum which is producing or which\n\nis capable of producing oil in paying quantities, through any known\n\nrecovery method, shall be subject to appropriation hereunder;\n\n(b) No gas bearing sand, formation, or stratum shall be subject\n\nto appropriation hereunder, unless the volumes of native gas\n\noriginally in place therein shall be shown to be substantially\n\ndepleted, and that such sand, formation or stratum has a greater\n\nvalue or utility as a gas storage reservoir for the purpose of\n\ninsuring an adequate supply of natural gas for any particular class\n\nor group of consumers of natural gas, or for the conservation of\n\nnatural gas, than for the production of the relatively small volumes\n\nof native gas which remain therein, provided that no gas sand,\n\nformation or stratum shall be condemned under the terms of this act\n\nwhen the gas therein is being used for the secondary recovery of\n\noil, unless gas in necessary and required amounts is furnished to\n\nthe operator or operators of the secondary recovery operations for\n\nas long as oil is produced in paying quantities in the secondary\n\noperations for the recovery of oil at the same cost as that at which\n\nthe gas was being produced at the time of condemnation by the\n\noperator of the secondary recovery project or projects.\n\n(c) Only such area of such underground sand, formation or\n\nstratum as may reasonably be expected to be penetrated by gas\n\ndisplaced or injected into such underground gas storage reservoir\n\nmay be appropriated hereunder.\n\n(d) No rights or interest in existing underground gas\n\nreservoirs, being used for the injection, storage and withdrawal of\n\nnatural gas, owned or operated by others than the condemner, shall\n\nbe subject to appropriation hereunder.\n\nThe right of condemnation hereby granted shall be without\n\nprejudice to the rights of the owner of said lands or of other\n\nrights or interests therein to drill or bore through the underground\n\nstratum or formation so appropriated in such manner as shall comply\n\nwith orders, rules and regulations of the commission issued for the\n\npurpose of protecting underground storage strata or formations\n\nagainst pollution and against the escape of natural gas therefrom\n\nand shall be without prejudice to the rights of the owner of said\n\nlands or other rights or interests therein as to all other uses\n\nthereof. The additional cost of complying with such regulations or\n\norders in order to protect the storage shall be paid by the public\n\nutility.","path":["OK Code","Title 52"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os52.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"f1f7c30c3d0dc88cfb3cd8f22d18976613e6c7098c6ab96c16f41a1785c14039","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-52-52-36.2","next":"us-ok/okla.-stat.-tit.-52-52-36.4"},"notice":"GroundRules: Original legal text. Not legal advice."}