A surface use agreement is a legally binding contract between the operator of a surface property and the owner of the underlying mineral rights. In the case of Oregon, when the operator plans to locate their production equipment in cellars, there could be specific types of surface use agreements that come into play. These agreements ensure that the operator can efficiently access and extract the minerals while minimizing any potential disruption or damage to the surface property. Here are some of the different types of Oregon surface use agreements that may apply when the operator's production equipment is to be located in cellars: 1. Standard Oregon Surface Use Agreement: This is the most common type of agreement, wherein the operator and surface property owner negotiate the terms and conditions for the use of the surface property. It includes provisions related to the location, construction, and operation of the cellars housing the production equipment. 2. Cellar Construction Agreement: This type of agreement specifically focuses on the construction of the cellars intended to house the operator's production equipment. It outlines the technical requirements, construction timeline, safety measures, and any necessary environmental considerations for the cellar construction. 3. Easement Agreement: An easement agreement grants the operator a right to use a portion of the surface property exclusively for the purpose of accessing and maintaining the cellars and their associated equipment. It may include limitations on the size of the easement, rights of access, and any compensation or fees payable to the surface property owner. 4. Environmental Protection Agreement: Given the potential risks associated with the storage and operation of production equipment in cellars, an environmental protection agreement may be necessary. This agreement ensures that the operator adheres to specific environmental regulations, implements preventive measures, and assumes responsibility for any environmental damage that may occur during operations. 5. Compensation Agreement: This agreement governs the financial arrangement between the operator and the surface property owner. It may include elements such as lease payments, royalties, or any other compensation mechanism agreed upon by both parties. In summary, an Oregon surface use agreement when the operator's production equipment is to be located in cellars is a contractual arrangement that regulates the use, construction, and maintenance of the cellars on the surface property. Depending on the specific circumstances, different types of agreements, such as standard surface use agreements, cellar construction agreements, easement agreements, environmental protection agreements, and compensation agreements, may be employed to ensure a mutually beneficial arrangement for both the operator and the surface property owner.