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Washington Surface Use by Lessee and Accommodation With Use of the Surface

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Multi-State
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US-OG-829
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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.

Washington Surface Use by Lessee refers to the lawful utilization of the surface of a property by the lessee or tenant for various activities, subject to certain regulations and considerations. This concept is commonly seen in the context of oil and gas leases, where lessees are granted the right to extract valuable resources from the land. In Washington, there are several types of Surface Use by Lessee and Accommodation With Use of the Surface arrangements, each serving a specific purpose and governed by specific guidelines. These can include: 1. Exploration and drilling: Lessees may require surface use for exploration and drilling activities to access and extract valuable minerals, oil, or gas reserves from beneath the land surface. This type of use typically involves construction of drilling rigs, access roads, and infrastructure. 2. Pipeline and transmission corridors: Once resources are extracted, lessees often need to transport them to processing facilities or marketplaces. This may require the installation of pipelines, transmission lines, and related facilities, necessitating property surface use for construction purposes. 3. Surface reclamation and restoration: After completion of drilling or extraction activities, lessees must restore the surface area to its original or agreed-upon condition as per regulatory requirements. This involves reclaiming disturbed land, remedying environmental impacts, and implementing erosion controls. 4. Surface use accommodations: Accommodations are often made to allow surface owners (typically landowners) to continue using the property while the lessee conducts necessary activities. This may involve agreements regarding access rights, land use restrictions, and financial compensation for any disturbances caused. In Washington, the Department of Natural Resources (DNR) plays a significant role in regulating and overseeing Surface Use by Lessee activities. They ensure compliance with state laws, protect environmental resources, and manage public and private land use conflicts. It is essential for lessees and surface owners to engage in open communication, negotiation, and potentially enter into formal agreements to address concerns, mitigate impacts, and establish fair compensation for the use of the surface. Compliance with these regulations helps maintain a balance between economic development and the protection of Washington's natural resources and landownership rights.

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FAQ

Where the mineral rights on a proposed project site have been severed, the developer is the owner or tenant of the surface estate, but a third party party holds the mineral estate.

Finding Out Who Owns Your Mineral Rights in Texas Online Databases. County Clerk's Office. Land Title Companies. Public Land Survey System (PLSS)

A property that consists of both surface and mineral estates but is being owned separately is called a split or severed estate. There is sometimes some confusion about who owns the minerals on the land you just bought or if the land belonged to your family's generations.

Owning mineral rights (often referred to as a "mineral interest" or a "mineral estate") gives the owner the right to exploit, mine, and/or produce any or all minerals they own. Minerals can refer to oil, gas, coal, metal ores, stones, sands, or salts.

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.

An owner can separate the mineral rights from land by: Conveying (selling or otherwise transferring) the land while retaining the mineral rights. (This is accomplished by including a statement in the deed conveying the land that reserves all rights to the minerals to the seller.)

Michigan has a Dormant Mineral Act, mineral rights revert back to the surface unless one of the following conditions is met: The severed interest is sold, leased, mortgaged, or transferred by recorded instrument. A drilling permit is issued. Oil or gas is actually produced or withdrawn from the severed property.

In Texas, Oklahoma, Colorado and Montana, mineral owners can own the mineral rights indefinitely and there is no way for them to passively revert to the surface owner. If a surface owner wants to own the mineral rights under their land, they must find and contact the mineral owners and offer to purchase them.

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The court further observed that “where a change of a few feet” in the location of a well will preserve the surface owner's current usage, the lessee is under an ... Nov 1, 2014 — (a) Utility Permit Use – Use a permit as a secondary utility accommodation document to define utility ownership, type, size, location, ...The RES-approved drawings will include RES and Tenant Agency approval signatures, and become a lease exhibit. RES plans are not intended to be used for ... The owner of sub-surface rights has the right to use the surface of the land to access and mine their minerals. This includes the right to open a mine, drill an ... We are pleased to provide you with this sample oil and gas lease and surface use agreement. We hope this infor- mation will help address many questions you ... Surface damages legislation restores the balance between landowners and the oil and gas industry – and doesn't curtail production or jobs. Mar 26, 2013 — The owner of the surface estate generally may not develop the property surface in a manner that will prevent or unreasonably hinder the mineral ... Conformance to lot size, setbacks, building coverage, hard surface coverage, and other design and dimensional standards of the zoning classification in which ... by KP Jones · Cited by 3 — (4) The lessee must show that any alternative use by it of the surface, other than its proposed use, is impracticable and unreasonable under the circumstances. Development means a use consisting of the construction or exterior alteration of structures; dredging; drilling; dumping; filling; removal of any sand, gravel, ...

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Washington Surface Use by Lessee and Accommodation With Use of the Surface