Who Owns Pore Spaces?

Oh, boy - this is an interesting story by Staci Matlock from the Sante Fe New Mexican: who owns pore spaces?

Check out the picture above (from the USGS) - the pores are shown in detail in the bottom part.

The schematic below (from G. Hornberger et al., Elements of Physical Hydrology) shows open spaces (pores) and solid particles (dark shapes).

Those little things could be valuable, for storing water or some other fluid, sequestering CO2 (itself a  fluid). The latter issue is what is motivating the individuals and the New Mexico legislature and elsewhere, too.

From Matlock's story:

Jack Chatfield has an easygoing drawl, a rancher's calloused bear grip of a handshake and an eye toward a new source of revenue.

The Mosquero, N.M., man has been at the Roundhouse frequently in the last few weeks promoting pore-space ownership — an idea catching on in the West.

[cut]

Legislators are considering two pore-space ownership bills that are facing opposition from some oil and gas developers. While a pore-space property right bill sailed through its first Senate committee last week, a House version stalled in its first hearing because of opposition, according to Chatfield.

"I think this is a matter of educating people," Chatfield said. "This is a new idea, and newness always takes awhile to get used to."

Chatfield thinks the pore space should belong to surface property owners unless the rights have already been sold to someone else.

This issue is being addressed in other states - Montana and Wyoming come to mind, and you can bet there are others.

It would be interesting to see how the value of pores is calculated. David Zetland would love this stuff!

Maybe I can get a job as a 'pore assessor'. Hey, gimme a gross of those little ones over there.

"I don't know, but someday you'll tax it." -- Michael Faraday, when asked about the uses of his new invention, the electric generator

Comments

[Michael]

Hi, FluidsEngr.

Thanks for dropping by and commenting - much appreciated!

In the Western states with which I'm familiar, the water belongs to either the state or the citizens of the state. But I believe most state water codes are silent on who owns the openings in which the water occurs.

We might have to look at the laws governing oil and gas for guidance.

As the Chinese might say, "We live in interesting times."

[PAUL F MILLER]

PORE SPACES could become something "corporate" America can privatize and trade as a commodity on the stock exchange ... American ingenuity .....

[FluidsEngr]

Interesting Blog. I found it via google and will follow it more closely (seeing how it's related to my field)..

I do remember a similar issue in CA coming up awhile back (with taking water, or possibly oil out of the ground that caused lowering the elevation of the ground).

If I remember correctly I believe in this case it was found that the water table belonged to the state... I'm not 100% sure though...

[Robert V Sobczak]

Fascinating concept. And it sort of makes sense. That way you only take the volume of water under your land, ... not expanding a cone of depression into your neighbors. Plus, it's easy to calculate: just multiply by 0.3

[David Zetland]

I would do a pore job at figuring out that cost. Leave it to the markets! :)