Description: The Colorado Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure, is a legal document that outlines the conditions under which a lessor who owns the surface property can prohibit drilling activities within a certain distance of a structure located on the leased property. This provision serves to protect the structure and the safety of the occupants from potential risks associated with nearby drilling operations. In the state of Colorado, there are several types of waiver of lease provisions that lessors can include in their lease agreements to restrict drilling activities. These provisions are designed to address specific scenarios and provide additional safeguards for the lessor. Some commonly used waiver provisions include: 1. Minimum Distance Requirement Waiver: This provision specifies the minimum distance that must be maintained between any drilling operations and the structure on the leased property. It ensures a safe buffer zone and reduces the potential for damages or accidents. 2. Surface Rights Protection Waiver: With this provision, the lessor retains the right to prohibit drilling activities altogether, regardless of the distance from the structure. It gives the lessor full control over the use of their surface property and enables them to prioritize the protection of their structure. 3. Liability Transfer Waiver: This waiver provision transfers the liability for any damages caused by drilling operations to the lessee or drilling company. This protects the lessor from financial burdens in the event of accidents or property damage occurring near the structure. 4. Indemnity Clause Waiver: The indemnity clause waiver ensures that the lessee indemnifies and holds the lessor harmless from any legal claims or liabilities arising from the drilling activities within the specified distance of the structure. Implementing a Colorado Waiver of Lease Provision by Lessor Who Owns Surface, Prohibiting Drilling within Specified Distance of Structure, can provide peace of mind for property owners, as it allows them to enjoy the benefits of leasing their property while maintaining control over potentially risky activities nearby. These provisions help strike a balance between the interest of the lessee, who wants to extract natural resources, and the lessor's desire to protect their property and occupants from harm. It is important to consult with legal professionals experienced in Colorado real estate and oil and gas law to draft and enforce these provisions properly. They will ensure that the waivers are comprehensive, comply with state regulations, and provide adequate protection for all parties involved.