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.
Washington Surface Use Agreements are legally binding documents that define the rights and responsibilities of both oil and gas lessees and surface owners in relation to surface damages and the disposal of saltwater into an existing well bore. These agreements are crucial in ensuring the proper management of oil and gas operations in Washington state. 1. Purpose of the Agreement: The Washington Surface Use Agreement serves as a comprehensive framework ensuring the cooperation and coordination between oil and gas lessees and surface owners in mitigating potential surface damages and the safe disposal of saltwater. It involves mutual consent and understanding between the involved parties to avoid conflicts and promote sustainable resource development practices. 2. Identification of the Parties: The agreement clearly identifies the oil and gas lessee, who holds the mineral rights, and the surface owner, who maintains ownership and control over the land's surface. The parties' names, contact details, and legal descriptions of the land are mentioned to establish a solid foundation for the agreement. 3. Surface Damages: This section outlines the obligations of the oil and gas lessee to minimize and compensate for any damages caused to the surface owner's property during exploration, drilling, production, and reclamation activities. It covers aspects such as road construction, pipeline installation, noise control, dust suppression, vegetation restoration, and access limitations. 4. Disposal of Salt Water: Given that saltwater is a byproduct of oil and gas extraction, it is crucial to establish a proper disposal mechanism. The agreement stipulates the procedures and requirements for the safe and lawful disposal of saltwater into an existing well bore, preventing any potential negative impacts on the surrounding environment and groundwater sources. 5. Compensation and Liability: To ensure fair treatment, the agreement should include provisions regarding compensation for surface damages inflicted during oil and gas operations. It may also detail the liability arrangements, insurance requirements, and dispute resolution mechanisms that will be employed in case of any conflicts or unforeseen circumstances. Types of Washington Surface Use Agreements: 1. Limited Surface Use Agreement: This type of agreement is typically applicable to situations where the oil and gas activity is limited in scope or duration. It addresses specific surface damages and saltwater disposal requirements, focusing on the specific needs of the project. 2. Comprehensive Surface Use Agreement: In cases where the oil and gas operations are larger in scale and expected to have a longer duration, a comprehensive surface use agreement is employed. This agreement covers a wide range of aspects including surface damages, saltwater disposal, community engagement, environmental monitoring, and reclamation requirements. 3. Conservation Easement Surface Use Agreement: In environmentally sensitive areas or lands with unique conservation values, a conservation easement surface use agreement may be necessary. This agreement places specific restrictions on surface activities to protect the ecological integrity of the land while allowing for responsible oil and gas extraction. By adhering to the terms outlined in a Washington Surface Use Agreement, both oil and gas lessees and surface owners can ensure the sustainable development of natural resources while safeguarding the environment and the rights of all involved parties.
