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: New Hampshire Surface Use Agreement: Protecting Interests of Oil and Gas Lessee and Surface Owner, Allowing Disposal of Salt Water into an Existing Well Bore Introduction: A New Hampshire Surface Use Agreement is a legally binding contract that outlines the terms and conditions between an oil and gas lessee (the party extracting oil or gas) and the surface owner (the owner of the land above the oil or gas reservoir). This agreement is paramount in minimizing conflicts and ensuring smooth operations in the extraction of resources while protecting the rights and interests of both parties involved. One specific aspect covered by this agreement is the provision for surface damages and the disposal of saltwater produced during the extraction process into an existing well bore. Key Terms and Provisions: 1. Surface Damages: The agreement defines the compensation and procedures for potential damages caused to the surface owner's land during exploration, drilling, production, and construction activities. A comprehensive evaluation and assessment process is established to determine the extent of damages and appropriate compensation, which may cover land reclamation, restoration, compensation for crop losses, and other relevant surface damages incurred. 2. Salt Water Disposal: A crucial element of the agreement is the provision outlining the disposal of salt water, also known as produced water or brine, generated as a byproduct during oil and gas extraction processes. The agreement specifies that the lessee may dispose of salt water into an existing well bore on the surface owner's property, subject to compliance with all relevant environmental regulations and safeguards. 3. Existing Well Bore: The agreement identifies a pre-existing well bore on the surface owner's property that will be designated for the disposal of saltwater generated during oil and gas extraction operations. Specific details such as the location, conditions, and capacity of the well bore are documented in the agreement. Both parties may collaborate to inspect, maintain, and monitor the well bore to ensure its integrity and suitability for safe disposal operations. 4. Environmental Compliance: The agreement emphasizes the utmost importance of adhering to state and federal environmental laws and regulations concerning the disposal of saltwater and other activities related to oil and gas extraction. The lessee must demonstrate compliance with all necessary permits, licenses, and environmental impact assessments, thereby safeguarding the surrounding ecosystems, groundwater, and air quality. Additional Types of New Hampshire Surface Use Agreements: 1. Exploration and Seismic Testing Agreements: These agreements focus on granting the right to the lessee for conducting exploratory activities, such as seismic testing, surveying, and other geophysical evaluations to determine the viability of oil and gas reserves present on the surface owner's property. 2. Drilling and Production Agreements: These agreements outline the lessee's rights and obligations regarding the drilling, extraction, and production of oil and gas resources from the surface owner's property. They cover aspects such as well placement, drilling techniques, safety protocols, production management, and royalty payments to the surface owner. 3. Pipeline Easement Agreements: These agreements concern the installation and operation of pipelines for transportation of extracted oil, gas, or related substances across the surface owner's property. They detail terms related to pipeline routing, land usage, compensation, environmental protection, and indemnification. Conclusion: A New Hampshire Surface Use Agreement between an oil and gas lessee and a surface owner provides a comprehensive framework for ensuring surface damage compensation, environmentally responsible saltwater disposal, and legal protection for both parties. Through this agreement, the interests and rights of all stakeholders are taken into account, promoting responsible resource extraction and effective land management for present and future generations.
