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.
Title: Hawaii Surface Use Agreement Between Oil and Gas Lessee and Surface Owner: Surface Damages and Salt Water Disposal into Existing Well Bore Introduction: A surface use agreement between an oil and gas lessee and a surface owner in Hawaii is a legally binding document that outlines the rights, responsibilities, and compensation related to surface damages caused by oil and gas operations as well as the disposal of salt water into an existing well bore. This article will provide a detailed description of the agreement, including its key components and various types that exist. Key Keywords: Hawaii surface use agreement, oil and gas lessee, surface owner, surface damages, salt water disposal, existing well bore, types. 1. Components of a Hawaii Surface Use Agreement: a. Definitions: Clearly defining terms related to surface damages, salt water disposal, existing well bore, and other relevant concepts. b. Parties Involved: Identifying the oil and gas lessee and the surface owner. c. Scope of Agreement: Describing the specific area of land and operations covered by the agreement. d. Rights and Responsibilities: — Oil and Gas Lessee: Outlining the lessee's rights to access, exploit, and develop resources, as well as their obligations for surface damages and salt water management. — Surface Owner: Specifying the owner's rights to use their land for other purposes, their compensation for damages, and the right to participate in decision-making regarding salt water disposal. e. Compensation: — Surface Damages: Enumerating the methods to assess and compensate for any damage caused to the surface owner's land during oil and gas operations (e.g., access roads, drilling equipment, construction activities). — Salt Water Disposal: Addressing the financial arrangements for the disposal of salt water into an existing well bore on the surface owner's property. f. Liability and Indemnification: Determining the responsibilities of each party in case of accidents, spills, or damages occurring during oil and gas operations. g. Term and Termination: Specifying the duration of the agreement and conditions for termination or renewal. 2. Types of Hawaii Surface Use Agreements: a. Standard Surface Use Agreement: This is the most common type and covers typical scenarios where oil and gas operations occur on the surface owner's land, outlining general terms regarding surface damages and salt water disposal. b. Modified Surface Use Agreement: In some cases, specific modifications to a standard agreement may be made to accommodate unique circumstances or address additional concerns of the surface owner. c. Renewable Surface Use Agreement: This agreement includes provisions for renewable energy projects alongside traditional oil and gas activities, enabling harmonious coexistence and efficient utilization of land resources. d. Cooperative Surface Use Agreement: This type involves multiple surface owners collaborating with the same oil and gas lessee, providing a unified approach to address surface damages and salt water disposal collectively. Conclusion: A Hawaii Surface Use Agreement between an oil and gas lessee and a surface owner serves as a crucial instrument to protect the rights and interests of both parties. By establishing clear guidelines regarding surface damages and the disposal of salt water into an existing well bore, these agreements ensure the responsible and sustainable extraction of oil and gas resources while minimizing adverse impacts on the environment and surface owners' property.
