This form is used when Lessor owns the surface estate in the Lands and Lessee desires to enter into this Agreement for the purpose of specifying the terms and conditions by which Lessee may use the surface estate of the Lands in conducting Lessee's operations under the terms of the Lease.
Delaware Surface Use Agreement Between Oil and Gas Lessee and Surface Owner Providing For Surface Damages and Disposal of Salt Water into An Existing Well Bore
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Multi-State
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US-OG-417
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Word;
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How to fill out Surface Use Agreement Between Oil And Gas Lessee And Surface Owner Providing For Surface Damages And Disposal Of Salt Water Into An Existing Well Bore?
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FAQ
When an oil and gas company decides to construct a well, the company typically leases the portion of the surface on which the well sits from the surface owner. This lease is memorialized in a Surface Use Agreement (SUA).
- Lessor -The owner of the minerals that grants the lease. - Lessee -The oil and gas developer that takes the lease. - Primary Term-Length of time the Lessee has to establish production by drilling a well on the lands subject to the lease. Generally, primary terms run from one to ten years.
The primary term on average is 3 years. Companies can add a 2-year extension if they wish. The company that executed the lease uses this time period to achieve drilling the well. Once that is completed, the secondary term begins and lasts for as long as the well is producing.
Concerning land ownership and property law, subsurface rights can allow a property owner to discover and utilize anything extracted from underneath a property without interference from a second party. Purchasing both rights for a property is possible.
After Payout (APO): the period after Payout has occurred. In the context of a JOA or similar agreement, APO is often used to describe the period after the Consenting Parties have recovered the costs of Production plus the Non-Consent Penalty.
The owner of the Surface Estate is entitled to use the surface only. The owner of the Mineral Estate has the right to use a reasonable amount of the surface to explore for oil and gas or grant a lease to an oil and gas company.
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.