Surface Use:Montana Surface Damages Act Mineral Deeds:Ownership of Pore Space

摘要

Lang appeals a decision of the district court holding that Burlington has no obligation to compensate Lang for injecting wastewater into pore space beneath Lang's land. Lang purchases the surface estate on April 10, 2003. The previous owner reserves all minerals. The property at issue has a producing well from 1992 to 1995 and was incorporated into a secondary recovery unit operated by Burlington. Subsequently in 2003 Burlington obtains a regulatory permit to convert the old well on Lang's land into a wastewater disposal well. Burlington offers to pay damages under Surface Owner Damage and Disruption Compensation Act (SODDCA), which Lang refuses. When Lang asks Burlington to stop working on the property, Burlington brings suit to determine its right to use and access die well on Lang's land and to determine die amount owed to Lang for damages. Lang counterclaims with a trespass action and seeks separate compensation for use of the well.