Arkansas Fresh Water Purchase Agreement Between Landowner and Operator For Use of Landowner's Water in Secondary Recovery Operations — Short Form is a legal document that outlines the terms and conditions when a landowner allows an operator to use their water resources for secondary recovery operations. This agreement is specifically designed for situations where the operator needs to purchase fresh water from the landowner for oil or gas secondary recovery operations. When drafting an Arkansas Fresh Water Purchase Agreement Between Landowner and Operator For Use of Landowner's Water in Secondary Recovery Operations — Short Form, it is crucial to address important aspects such as: 1. Parties Involved: Clearly identify the landowner and operator, including their legal names and contact information. 2. Purpose: Define the purpose of the agreement, which is to establish the conditions under which the landowner will sell and the operator will purchase fresh water for secondary recovery operations. 3. Water Usage: Specify the exact quantity of water to be purchased by the operator, preferably in gallons or barrels per day or per month. Include provisions for any required testing or treatment of the water before use. 4. Term and Termination: Determine the duration of the agreement and outline circumstances that allow either party to terminate it. Specify any notice period required for termination and potential penalties for early termination. 5. Payment Terms: Detail the payment method, frequency, and amount for the water purchased. Include provisions for any price adjustments based on market rates or other factors. 6. Access and Transportation: Define how the operator will access the water source on the landowner's property, including any necessary construction or maintenance required for transportation. 7. Liabilities and Indemnification: Allocate responsibilities and liabilities related to property damage, injury, or any harm caused during the water transport, as well as secondary recovery operations. Include an indemnification clause to protect both parties. 8. Insurance: Require adequate insurance coverage from the operator to protect both the landowner and themselves from any damages or liabilities arising from the agreement. 9. Compliance with Laws and Regulations: State that both parties must comply with applicable federal, state, and local laws, regulations, and permits related to water usage and secondary recovery operations. 10. Dispute Resolution: Specify the preferred method of dispute resolution, whether through negotiations, mediation, or arbitration. Include the jurisdiction and venue for legal proceedings if required. Different variations of Arkansas Fresh Water Purchase Agreement Between Landowner and Operator For Use of Landowner's Water in Secondary Recovery Operations — Short Form may exist based on specific terms negotiated between the parties. These variations may focus on factors such as water quality requirements, transportation responsibilities, or payment structures.