New Hampshire Consent to Well Location by Lessor and Surface Owner

State:
Multi-State
Control #:
US-OG-040
Format:
Word; 
Rich Text
Instant download

Description

A lease may require the lessor/surface owners consent to a well location, before the well is drilled by a lessee. This form provides for that consent, specifying the exact location where the well will be located.

Title: Understanding New Hampshire Consent to Well Location by Lessor and Surface Owner: Detailed Description and Types Introduction: In the state of New Hampshire, the Consent to Well Location by Lessor and Surface Owner is a crucial legal document that governs the use and development of mineral resources on private land. This consent serves to establish the relationship and responsibilities between the lessor (owner of mineral rights) and the surface owner (owner of the land above these rights). Let's explore this topic in detail and highlight any variations within New Hampshire's Consent to Well Location requirements. Key Points: 1. Purpose of New Hampshire Consent to Well Location: The Consent to Well Location helps regulate drilling operations and ensures that both the lessor and surface owner's rights are protected. This document defines the location, size, and depth of wells, along with outlining compensation terms for surface use, environmental protection measures, and liability issues. 2. Understanding the Role of the Lessor and Surface Owner: The lessor, often an oil or gas company, holds the rights to extract mineral resources from beneath the property. The surface owner possesses the rights to the land above those mineral resources. Both parties must reach an agreement through the Consent to Well Location, enabling the drilling and extraction process. 3. Elements of New Hampshire Consent to Well Location: While the specifics may vary depending on the individual circumstances, typical provisions within the Consent to Well Location may include: — Legal descriptions and identification of the property's mineral rights. — Location of the well, specifying coordinates or other pertinent details. — Stipulations on the size of the drilling site, access roads, storage area, etc. — Compensation arrangements for surface use and potential damage caused. — Liability clauses regarding accidents, pollution, or property damage during drilling operations. — Environmental protection measures, such as waste disposal and reclamation of the site. — Duration of consent and any provisions for extension or termination. Types of New Hampshire Consent to Well Location: While there may not be different types of Consent to Well Location explicitly defined by New Hampshire law, variations in content and requirements can arise based on the specific type of mineral rights and the unique agreements negotiated between the lessor and surface owner. This may include differences in compensation terms, environmental regulations, and liability clauses. Conclusion: New Hampshire's Consent to Well Location by Lessor and Surface Owner is a vital legal instrument that establishes the relationship and coexistence between the mineral rights' holder (lessor) and the landowner (surface owner). Its purpose is to ensure fair compensation, environmental protection, and liability considerations during drilling operations. While variations can exist, the overall goal remains consistent throughout different consent agreements.

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FAQ

In New Hampshire, you, as the owner of a primary residence can your own septic tank. If you plan to remodel the residence to sell or are a licensed contractor, you must follow government regulations and acquire the mandatory permits needed to the septic system.

There are regulations regarding well setbacks and proximity to septic systems. New Hampshire requires a 75-foot setback from property boundaries and septic systems for homes with up to five bedrooms. This includes tanks and leach fields. Homeowners must also keep records of work done on private wells.

Water wells on lots with septic system design flows up to 750 gallons per day (home with up to 5 bedrooms) must be located at least 75 feet from components of septic systems. In some instances, the radius may be greater than 75 feet.

Any contamination in your neighbor's well can travel into your well. Some activities legally require more than a 50-foot zone of protection. As a general guidance, personal drinking water wells should have a minimum horizontal distance of at least 10 feet and preferably 25 feet from such boundaries.

A State of New Hampshire permit is required to , or to newly construct a septic system. No town permit is required for a well. A State of New Hampshire licensed Well Water Contractor and a State of New Hampshire licensed Septic System Installer are required.

There are regulations regarding well setbacks and proximity to septic systems. New Hampshire requires a 75-foot setback from property boundaries and septic systems for homes with up to five bedrooms. This includes tanks and leach fields. Homeowners must also keep records of work done on private wells.

GETTING OUT OF CURRENT USE Owner must physically change the use of the land to a non-qualifying use, or through sale or other disposal means, create a parcel less than 10 acres. Only the changed portion comes out, the rest remains in current use if it is still 10 acres or more or meets other criteria.

Current use is the means for encouraging the preservation of open space and conserving the land, water, forest, agricultural, and wildlife resources. Property owners with 10 or more acres of land, which are left in their natural state may apply.

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New Hampshire Consent to Well Location by Lessor and Surface Owner