Colorado Surface Use by Lessee and Accommodation With Use of the Surface

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US-OG-829
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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

Colorado Surface Use by Lessee refers to the legal provision and regulations that govern the utilization of the surface by oil and gas lessees for extraction activities within the state of Colorado. These regulations ensure that the rights of both the lessee and the surface owner are protected while also promoting responsible and sustainable development of Colorado's natural resources. There are different types of Colorado Surface Use by Lessee and Accommodation With Use of the Surface, including: 1. Surface Use Agreements: These are voluntary agreements between the lessee and the surface owner, outlining the terms and conditions for surface access and use. Such agreements cover aspects like compensation, notification, and mitigation measures to minimize disturbance to the surface. 2. Accommodation with Use of the Surface: When accessing the surface for oil and gas operations, lessees must accommodate the existing use of the surface by the property owner. This includes cooperating with the landowner to ensure minimal disruptions to their established activities, such as farming, ranching, or other types of land use. 3. Surface Damage Mitigation: Colorado Surface Use regulations require lessees to minimize the impacts of their operations on the surface. This includes implementing the best management practices reducing soil erosion, protecting water resources, and promptly restoring the surface to its pre-activity condition once operations are complete. 4. Colorado Oil and Gas Conservation Commission (COG CC) Regulations: COG CC, the state agency responsible for regulating oil and gas activities in Colorado, has specific rules and regulations that govern surface use and accommodation. These regulations provide comprehensive guidance on various aspects, such as setback requirements, reclamation processes, and site-specific permit conditions to protect public health, safety, and environmental concerns. 5. Public Involvement and Communication: Colorado's surface use regulations emphasize the importance of public involvement and communication. The lessee is required to engage with the surface owner and other stakeholders to address concerns and provide accurate information regarding planned operations. By fostering open dialogue and transparency, the lessee can tailor their activities to minimize impacts and accommodate reasonable requests from the surface owner. 6. Reclamation and Remediation: After completing operations, lessees are obligated to reclaim and remediate the land to its pre-activity state, as much as reasonably possible. This includes filling and sealing wells, restoring vegetation, stabilizing soils and slopes, and addressing any other disturbances caused during operations. These activities ensure the long-term sustainability and usability of the surface. In conclusion, Colorado Surface Use by Lessee and Accommodation With Use of the Surface encompasses various measures and regulations aimed at balancing the interests and rights of both the lessee and the surface owner. Through voluntary agreements, accommodation of existing land uses, and adherence to COG CC regulations, oil and gas operations can be conducted in a manner that minimizes surface disturbance and environmental impacts, while promoting responsible resource development.

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FAQ

An oil or gas lease is a legal document where a landowner grants an individual or company the right to extract oil or gas from beneath the landowner's property. Courts generally find leases to be legally binding, so it is very important that you understand all the terms of a lease before you sign it.

The length of oil and gas lease agreements averages around 5 years. Typically, if a parcel is not drilled after a certain period time then the contract expires. Some leases, however, allow for extensions without the grantor's approval.

In Colorado, there is a difference between ownership of the surface rights of the property and ownership of the minerals beneath the property. For example, you may own the surface rights and own a house on the property, but someone else owns the minerals beneath it.

A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

Surface Lease means a lease, easement, or other agreement providing the holder with the right to enter the surface of any land for the purpose of constructing and operating a well, facility, flowline, roadway, or power line; Sample 1.

Reasonable Accommodation Doctrine Disputes in Colorado This doctrine directs the operator to carry out operations to accommodate the surface owner by minimizing intrusion upon and damage to the surface of the land, including the use of alternative well locations or alternative operations.

Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.

Held by production is an oil & gas industry term indicating a property is under lease and that the lease is being perpetuated in the secondary term by the production of oil or gas in paying quantities. An oil & gas may be in HBP status for many years if the wells located on the leased land keep producing.

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Oil and Gas for the Surface Developer: Will the Oil and Gas Company Drill on My Property? · The surface owner must show “that the operator's surface use ... by KP Jones · Cited by 3 — (4) The lessee must show that any alternative use by it of the surface, other than its proposed use, is impracticable and unreasonable under the circumstances.The court further observed that “where a change of a few feet” in the location of a well will preserve the surface owner's current usage, the lessee is under an ... by P Jessen · 2005 · Cited by 1 — Part I of this article, which was pub- lished in the May 2005 issue,1 discussed the mineral interest owner's or lessee's rights to the surface estate in ... a.: An oil company's right to use the surface is created by the oil and gas lease or other contract that establishes the company's right to drill. The COGCC ... A surface use agreement is a separate contract between a landowner and a mining/oil/gas company that addresses the company's surface activity on the land in ... Prevents a developer and a surface owner from addressing the use of the surface for geothermal resource development in a lease, surface use agreement, or other ... Prevent an operator and a surface owner from addressing the use of the surface for oil and gas operations in a lease, surface use agreement, or other written ... Reasonable use is the common law doctrine that limits a surface owner's right to compensation for use or damage caused by mineral development. In Colorado, the ... This document summarizes Colorado regulations pertaining to surface owner notification and consultation. It also covers the reclamation of land disturbed by oil ...

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Colorado Surface Use by Lessee and Accommodation With Use of the Surface