Utah Consent to Well Location by Lessor and Surface Owner
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How to fill out Consent To Well Location By Lessor And Surface Owner?
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FAQ
There are two types of rights that may be included in land ownership: surface rights and mineral rights. A landowner may own the rights to everything on the surface, but not the rights to underground resources such as oil, gas, and minerals.
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.
Except as is reasonably necessary to conduct oil and gas operations, an owner or operator shall mitigate the effects of accessing the surface land owner's surface land, minimize interference with the surface land owner's use of the surface land owner's property, and compensate a surface land owner for unreasonable loss ...
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.
Answer: You must own a water right to divert and use water in the State of Utah. Water well drillers are licensed and cannot drill a well unless permission to drill has been obtained from the State Engineer. You must determine if your area is open, restricted or closed to new water rights.
