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.
A West Virginia Surface Use Agreement between an oil and gas lessee and a surface owner is a legal document that establishes the terms and conditions for the use of the surface of a property for oil and gas operations. It specifically addresses the provisions regarding surface damages and the disposal of saltwater into an existing well bore. Under this agreement, the lessee (the oil and gas company) is granted the right to access the surface of the property owned by the surface owner for the purposes of oil and gas production. This access may involve the construction of roads, drilling of wells, laying of pipelines, and placement of other necessary facilities. To mitigate potential surface damages, the agreement outlines comprehensive guidelines and procedures that the lessee must adhere to. This includes the establishment of a baseline inventory of the property's existing conditions, such as vegetation, wildlife, and infrastructure. The lessee must then take reasonable precautions to minimize and restore any surface damages caused during the operations. These precautions may include reclamation and restoration of the land, cleanup of spills, erosion control measures, and maintenance of roads and other infrastructure. Furthermore, the agreement addresses the disposal of saltwater, a byproduct of oil and gas operations, into an existing well bore. Saltwater disposal is a common practice in the industry and involves injecting the water into a well bore that has been specifically designed and permitted for this purpose. The agreement lays out the conditions for the proper disposal of saltwater, including compliance with all applicable state and federal regulations governing disposal wells. It's important to note that there may be variations in West Virginia Surface Use Agreements, depending on the specific circumstances and negotiations between the parties involved. For instance, some agreements may include additional provisions related to compensation for damages, right of entry and inspection, indemnification, and other rights and obligations of both parties. In conclusion, a West Virginia Surface Use Agreement between an oil and gas lessee and a surface owner provides clear terms and guidelines regarding surface damages and the disposal of saltwater. This legal document ensures that the rights and interests of both parties are protected while promoting responsible and sustainable oil and gas operations.
