Who Owns Pore Space? Texas Supreme Court Clarifies Critical Subsurface Rights for Energy Projects
Understanding the Myers-Woodward ruling and what it means for carbon capture, gas storage, and your next energy project
TL;DR: What Energy Teams Need to Know Right Now
The Texas Supreme Court just clarified a game-changing rule: Surface owners generally control underground pore space, even when mineral rights are severed. This impacts every carbon capture, gas storage, and hydrogen project in development.
Bottom line: Your old leases probably don't cover storage rights. Time to get your land team reviewing title work and negotiating new agreements.
Subsurface rights used to be straightforward—find oil, gas, or minerals, and you knew who controlled what underground. Those days are over.
Today's energy landscape demands clarity on who owns the empty space left behind after extraction. We're talking carbon capture and storage (CCS), hydrogen hubs, natural gas storage, and salt cavern projects worth billions of dollars.
The Texas Supreme Court's recent ruling in Myers-Woodward, LLC v. Underground Services Markham, LLC just answered the million-dollar question: Who actually owns the pore space underground?
If you assumed it was always the mineral owner, this decision might surprise you.
What Are Pore Space Rights, and Why Do They Matter Now?
Pore space rights control the tiny voids in underground rock formations—the same spaces that once held oil, gas, salt, or other minerals. Think of it as owning the container after you've emptied it.
These rights have become critical for:
Carbon capture and storage (CCS) projects (EPA CCS Class VI Wells Overview)
Underground natural gas storage facilities (EIA Underground Natural Gas Storage)
Salt cavern storage for NGLs and hydrogen (Science Direct Salt Cavern Storage)
Geothermal energy development (DOE Geothermal Technologies)
Compressed air energy storage (PNNL Energy Storage Research)
Unlike traditional oil and gas development that focused on mineral rights, these emerging energy projects depend on securing storage rights—which, at least in Texas, typically belong to the surface owner.
Texas Supreme Court Sets the Record Straight
The Myers-Woodward decision establishes a clear default rule: Absent an agreement to the contrary, the surface owner owns the pore space—even if the mineral estate is severed.
The Key Finding: "Empty Space Is Not a Mineral"
The Court reaffirmed that underground voids don't automatically belong to mineral rights holders, even if they created those voids through extraction.
This ruling builds on established Texas precedent from cases like:
The Court also overruled the Mapco Inc. v. Carter appellate decision that had given mineral owners more expansive rights to subsurface voids.
What Happened in Myers-Woodward?
The setup: A 1947 mineral deed conveyed oil, gas, and salt rights to Underground Services Markham (USM). In 2008, USM began mining salt and using the resulting caverns to store materials from other locations.
USM's claim: They owned the cavern space they created and could use it for storage without additional compensation to the surface owner.
The Court's response: Not so fast. The caverns are part of the subsurface estate that wasn't conveyed in the original deed. Creating the space doesn't give you title to it.
The bigger principle: Storage use by a mineral lessee isn't "reasonably necessary" to develop the mineral, so it's not automatically allowed under existing lease terms.
What This Means for Your Energy Projects
This decision has immediate implications for anyone developing storage-dependent energy projects:
Storage Rights Require Separate Negotiation
Your existing mineral leases probably don't cover pore space storage. That means:
Carbon storage operators need agreements with surface owners
Natural gas storage projects require new title work
Hydrogen storage developers can't rely on old mineral rights
2. The Dominant Estate Doctrine Has Limits
Texas law traditionally gives mineral estates priority (the "dominant estate" doctrine), allowing reasonable use of surface and subsurface for mineral development. But Myers-Woodward clarifies this doesn't extend to storage of offsite materials.
“The surface owner, and not the mineral lessee, owns the possessory rights to the space under the property’s surface.”
3. Due Diligence Just Got More Complex
Project teams must now:
Examine deed language more carefully
Run complete chains of title for both surface and mineral estates
Identify potential pore space conflicts early in development
Factor storage right acquisition into project timelines and budgets
Action Items for Energy Companies and Land Departments
1. Audit Your Current Portfolio
Review existing leases and conveyances to determine:
What storage rights, if any, were explicitly granted
Whether surface owners retained pore space control
Which projects might need additional agreements
2. Update Your Standard Lease Forms
Include explicit language addressing:
Pore space ownership and storage rights
Compensation mechanisms for storage use
Operational parameters for storage activities
Monitoring and safety protocols
3. Strengthen Your Title Work Process
Ensure your land team:
Runs complete chains of title for both surface and subsurface estates
Identifies potential split-estate scenarios early
Flags unclear or ambiguous deed language
Documents storage right ownership clearly
4. Coordinate Legal and Land Strategy
Make sure your legal team and landmen are aligned on:
Lease interpretation for storage rights
Negotiation priorities for new agreements
Risk assessment for existing projects
Compliance with state-specific regulations
Multi-State Considerations: Why You Need Expert Legal and Land Alignment
While Myers-Woodward clarifies Texas law, pore space ownership remains a developing, state-by-state picture across the country.
Some states like North Dakota and Wyoming have passed comprehensive legislation addressing pore space ownership. Others are still developing their regulatory frameworks, creating legal gray areas that can derail projects and blow budgets.
This patchwork is exactly why you need a land services team capable of weeding through complex legalities and staying on top of the latest court decisions. Your land team and legal counsel must be aligned because what's clear in one state might be completely unsettled in another.
The bottom line: Multi-state energy operators will need land services professionals who understand these variations. Land experts who can navigate uncertainty without costly surprises.
The Communication Challenge: Educating Landowners
Beyond the legal complexities, pore space acquisition introduces significant communication challenges. Many landowners are unfamiliar with:
Carbon storage technology and safety (MIT Climate Portal CCS Explainer)
The concept of pore space ownership (varies state by state)
Long-term monitoring requirements (EPA UIC Program Class VI Wells)
Environmental benefits and risks (IPCC Carbon Capture Report)
Successful projects require land teams that can:
Explain complex concepts in accessible terms
Address safety and environmental concerns honestly
Build community support for unfamiliar technologies
Navigate local political and regulatory dynamics
Looking Ahead: What's Next for Pore Space Rights
The Myers-Woodward decision likely won't be the last word on pore space ownership. Expect:
More state legislation clarifying ownership frameworks as CCS and storage projects expand. The Interstate Oil and Gas Compact Commission has been tracking these developments across member states.
Federal guidance potentially providing more consistency across jurisdictions. The Department of Energy's Carbon Management continues to develop best practices.
Industry standardization of lease language and storage agreements through organizations like the American Association of Professional Landmen.
Continued litigation as edge cases and complex scenarios arise, monitored by legal resources like Stoel Rives LLP's Energy Blog.
Regulatory evolution as permitting frameworks mature, guided by resources like the National Conference of State Legislatures Energy Program.
How Camalo Energy Resources Helps Navigate Pore Space Complexity
At Camalo Energy Resources, we've been tracking pore space issues since carbon capture projects started gaining momentum. Our team brings the experience needed to navigate this evolving landscape:
Title expertise to untangle complex ownership histories and identify potential issues before they become problems.
Multi-state experience with the varying regulatory frameworks across major energy-producing states.
Clear communication with both landowners and project teams to build understanding and support.
Problem-solving capability to navigate unexpected challenges in pioneering storage projects.
Practical approach that balances legal requirements with operational realities.
We've helped clients across the spectrum—from traditional oil and gas operators expanding into CCS to renewable developers planning hydrogen storage to utilities developing natural gas storage facilities.
The Bottom Line
The Myers-Woodward decision provides much-needed clarity for Texas energy projects, but it also highlights the complexity of modern subsurface rights.
Success in today's energy landscape requires:
Proactive title work that goes beyond traditional mineral rights
Clear agreements that explicitly address storage rights
Expert navigation of state-specific regulatory frameworks
Transparent communication with all stakeholders
Whether you're evaluating a carbon capture project, planning underground storage, or just trying to understand who owns what beneath your feet, getting the land work right from the start prevents costly delays and disputes down the road.
The energy transition isn't just about new technologies—it's about applying traditional land skills to emerging challenges. And sometimes, that means learning that the rules we thought we knew have been clarified in ways that change everything.
Need help navigating pore space rights for your next project?
Our team has the multi-state experience and technical knowledge to handle complex subsurface ownership issues efficiently. From title research to storage right negotiation, we deliver the clarity and communication your project demands.
Make your lawyers happy and hire the land services firm that gets it done right, the first time.
Contact Camalo Energy Resources: 337-354-3113 | www.camaloenergy.com
This analysis is for informational purposes only and does not constitute legal advice. Consult qualified legal counsel for specific situations involving pore space rights and storage agreements.
