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.
Nebraska 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 In the oil and gas industry, surface use agreements play a crucial role in outlining the rights and responsibilities of both the oil and gas lessee and the surface owner. In Nebraska, specific guidelines and regulations govern these agreements, particularly when it comes to surface damages and the disposal of saltwater into existing well bores. When entering into a Nebraska Surface Use Agreement, it is important to understand the different types that can be established to ensure clarity and proper management. Here are a few types commonly found: 1. Standard Nebraska Surface Use Agreement: This is a comprehensive agreement that outlines the terms and conditions regarding the oil and gas lessee's use of the surface owner's land. It includes provisions for compensation or damages caused by surface activities related to drilling, extraction, and production. Additionally, it addresses the procedures and protocols for the disposal of saltwater into existing well bores. 2. Customized Nebraska Surface Use Agreement: In certain cases, the oil and gas lessee and surface owner may negotiate a customized agreement tailored to their specific needs and circumstances. This allows for flexibility in determining compensation, defining the scope of surface damages, and establishing the process for saltwater disposal into existing well bores. Regardless of the type of Nebraska Surface Use Agreement, certain essential elements must be addressed to protect the interests of both parties involved. These elements may include: a. Surface Damages: Clear provisions must be outlined to address any potential surface damages caused by drilling, infrastructure installation, heavy machinery operation, and related activities. It should define the extent of the damages, the responsibility for repair and restoration, and the compensation process. b. Compensation: The agreement should clearly specify the compensation amount and schedule for surface damages caused during operations. It may include factors such as acreage affected, crop damage, loss of land productivity, and any other relevant factors unique to the surface owner's property. c. Saltwater Disposal: One crucial aspect of the agreement is the disposal of saltwater generated during the production process. It should designate an existing well bore specifically permitted for saltwater disposal and include protocols for monitoring, testing, and maintenance of the disposal site to prevent any adverse effects on the environment or the surface owner's land. d. Indemnification and Liability: To protect both parties, provisions should be included to specify the indemnification and liabilities associated with surface damages and the disposal of saltwater. It should delineate the responsibilities of each party regarding any claims, lawsuits, or environmental remediation that may arise as a result of these activities. In summary, a Nebraska Surface Use Agreement between an oil and gas lessee and a surface owner aims to establish clear guidelines for surface damages caused during extraction activities and the disposal of saltwater into an existing well bore. By addressing these aspects in a comprehensive and customized agreement, both parties can ensure fair compensation, responsible practices, and a mutually beneficial relationship.
