Gas Storage: Migration of Storage Gas; Conversion; Unjust Enrichment Statute of Limitations: Statutory Remedies

摘要

The present matter arises from defendant's motion for summary judgment. For the following reasons, the court grants defendant's motion. Plaintiff Northern Natural Gas Company (hereinafter "Northern"), a large public utility company, operates the Cunningham Natural Gas Storage Facility located in south central Kansas. Defendant, Nash Oil & Gas, Inc. (hereinafter "Nash") operates certain wells four to five miles north of the Cunningham facility. Plaintiff sued defendant alleging that gas from the Cunningham facility migrated into the strata beneath the Nash leases and is now produced by Nash. Northern sued for conversion and for remedies under K.S.A. § 55-1210, including the right to conduct tests on Nash's wells to determine if the gas produced by defendant is storage gas. The court previously granted defendant's motion to dismiss plaintiffs claims for testing holding that defendant's wells were not on property which is "adjacent" to the storage field as required by K.S.A. § 55-1210. The remaining question to be considered by the court is whether Northern can assert ownership rights to gas that has allegedly migrated from plaintiffs field under either K.S.A. § 55-1210 or under the common law doctrines of conversion and unjust enrichment.