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New Mexico Surface Use by Lessee and Accommodation With Use of the Surface

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This lease rider form may be used when you are involved in a lease transaction, and have made the decision to utilize the form of Oil and Gas Lease presented to you by the Lessee, and you want to include additional provisions to that Lease form to address specific concerns you may have, or place limitations on the rights granted the Lessee in the “standard” lease form.

New Mexico Surface Use by Lessee and Accommodation With Use of the Surface is a legal concept that pertains to the utilization of surface land by individuals or entities (lessees) for various purposes, with the requirement of accommodation and adherence to certain regulations. In the state of New Mexico, there are different types of surface use arrangements and accommodations based on specific activities or industries. 1. Oil and Gas Surface Use: In the context of oil and gas operations, surface use by lessees refers to the rights granted to them to access and use the surface land for exploration, drilling, and production activities. These lessees typically enter into agreements with landowners, ensuring compensation for any disturbances caused and restoration of the surface after completion. Accommodation in this scenario includes considerations such as minimal land surface disruption, mitigation of environmental impacts, and the protection of water resources. 2. Mining Surface Use: For mining activities, surface use by lessees involves extracting or processing various minerals from the land. This may include activities like open-pit mining, quarrying, or underground mining. Accommodations within these leases commonly cover reclamation plans, dust control measures, minimizing noise pollution, and implementing proper waste management techniques. 3. Renewable Energy Surface Use: With the rise of renewable energy sources, surface use by lessees also extends to renewable energy projects such as solar or wind farms. These lessees generally acquire rights to develop, operate, and maintain renewable energy facilities on the surface land. Accommodation entails adhering to environmental regulations, protecting wildlife habitats, and ensuring efficient land use planning. 4. Grazing and Agriculture Surface Use: Surface use in relation to grazing and agriculture involves leasing land for livestock grazing, crop cultivation, or other agricultural purposes. Lessees are provided with specific rights and responsibilities relating to the management, maintenance, and improvement of the land. Accommodation considerations include soil conservation, sustainable farming practices, and ensuring the protection of natural resources. Irrespective of the type of surface use and accommodation in New Mexico, it is essential for lessees to carefully negotiate and agree upon the terms of the lease agreement. These agreements typically address issues like access rights, compensation, surface damages, liability, and the restoration or reclamation of the land after use. In conclusion, New Mexico Surface Use by Lessee and Accommodation With Use of the Surface encompasses various industries such as oil and gas, mining, renewable energy, grazing, and agriculture. It involves legal arrangements between lessees and landowners to ensure responsible and regulated utilization of surface land while also considering environmental and societal impact mitigation measures for long-term sustainability.

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FAQ

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.

As in Texas, operators in New Mexico are also subject to the common law Doctrine of Accommodation. The New Mexico Supreme Court adopted a rule similar to Texas' Accommodation Doctrine, which interpreted the rule to mean that the rights held by a mineral lessee create an implied easement by necessity.

Under the Accommodation Doctrine, the surface owner must generally show that the particular surface activities are not ?reasonably necessary? to extract the oil or gas. Haupt Inc. v. Tarrant County Water, 870 S.W.

BUREAU OF LAND MANAGEMENT: The BLM New Mexico Field Office maintains information on mineral rights and has a public information room at 301 Dinosaur Trail, Santa Fe, NM 87508, (505) 954-2000, where that information can be researched.

The general (common law) rule in the case of a split estate is that the mineral estate is ?dominant.? This means that the owner of the surface estate cannot prohibit the owner of the mineral estate from accessing and developing the minerals.

SOPA creates an obligation to pay damages where oil and gas operations result in any loss of: land value; agricultural production or income; use; access; or improvements.

SOPA creates an obligation to pay damages where oil and gas operations result in any loss of: land value; agricultural production or income; use; access; or improvements.

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Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ... Jan 20, 2015 — ... lessee (usually an oil and gas company) that will govern relations between the two parties. In some states, like Oklahoma and New Mexico ...by PS Bacon · 1987 · Cited by 1 — INTRODUCTION. Amoco Production Co. v. Carter Farms Co.' illustrates the tension between a mineral lessee's right to use the surface for drilling and pro-. by KP Jones · Cited by 3 — drilling a new well and to file production reports after the well is completed or ... mineral lessee or mineral claimant has the right to use the surface in such. In making such a revision, Lessee shall file of record a written declaration ... He ranches in northwestern New Mexico in addition to his law practice, and ... In New Mexico, a first step in enhancing our public input process would ... haul off all cuttings, plastic, liquid and haul in new, clean topsoil to fill cavity. Texas courts have further constrained mineral development operations by the “accommodation doctrine.” The frequently cited Getty Oil Co. v. Jones, 470 S.W.2d ... Dec 1, 2022 — patentees or surface lessees shall file with the commissioner a waiver duly executed and acknowledged by the purchaser, patentee or surface ... by CM Alspach · Cited by 40 — lessee.' In so holding, the court assigned the surface owner a right "to an accommodation between the two estates."37. It costs approximately $650,000 to drill a gas well in Oklahoma, and $583,000 in New Mexico. ... a surface use agreement. If no agreement can be reached prior to ...

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New Mexico Surface Use by Lessee and Accommodation With Use of the Surface