Texas Natural Resources Code - Section 91.174. Findings Of Commission
Legal Research Home >
Texas Lawyer > Natural Resources Code > Texas Natural Resources Code - Section 91.174. Findings Of Commission
§ 91.174. FINDINGS OF COMMISSION. (a) Any storer
desiring to exercise the right of eminent domain for the
acquisition of a storage facility shall, as a condition precedent
to the filing of its petition in the appropriate court, obtain from
the commission an order finding:
(1) that the underground formation or stratum sought
to be acquired is classified by the commission as a gas reservoir
and is suitable for the underground storage of natural gas and that
the storage of natural gas is necessary for the gas utility to
provide adequate service to the public and is in the public
interest;
(2) that the use of the formation or stratum as a
storage facility will cause no injury to surface or underground
water resources;
(3) that the formation or stratum does not contain
native gas producible in paying quantities unless the recoverable
volumes of native gas originally in place are substantially
depleted and unless the formation or stratum has a greater value of
ultimate use to the consuming public as a storage facility to ensure
an adequate supply of natural gas or for the conservation of natural
gas than the production of native gas which remains;
(4) the extent of the horizontal limits of the
reservoir expected to be penetrated by displaced or injected gas;
and
(5) that no portion of the formation or stratum sought
to be acquired has been condemned or is being utilized for the
injection, storage, and withdrawal of gas by others.
(b) The designation of a storage facility does not prevent
any storer from instituting additional proceedings in the event it
is later determined that the underground reservoir should be
extended to prevent the escape, displacement, or withdrawal by
others of injected gas.
Added by Acts 1979, 66th Leg., p. 1996, ch. 785, § 3, eff. June
13, 1979.
Section: 91.117 91.141 91.142 91.143 91.171 91.172 91.173 91.174 91.175 91.176 91.177 91.178 91.179 91.180 91.181
Last modified: August 10, 2007
|
