Colorado Agreement Waiving Surface Use by Oil and Gas Lessee

State:
Multi-State
Control #:
US-OG-655
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Word; 
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Description

This form is used when the Lessor desires to sell, subdivide, or partition all or a part of the lands covered by the Lease (the Lands), and has requested a partial waiver of surface use of certain portions of the Lands subject to the Lease, and a waiver is agreeable to Lessee. This Agreement relates solely to the surface use and does not in any other way affect or diminish the Lessee's rights, interests and estate under the Lease.

The Colorado Agreement Waiving Surface Use by Oil and Gas Lessee is a legal agreement that pertains to the relationship between the lessee (a company or individual who holds the rights to extract oil and gas) and the surface owner (a property owner whose land is being used for oil and gas operations). This agreement allows the lessee to pursue oil and gas extraction without extensively impacting the surface owner's land. The primary objective of the Colorado Agreement Waiving Surface Use by Oil and Gas Lessee is to minimize the disruption caused to the surface owner's property, focusing on preserving its aesthetic, agricultural, and environmental value. It provides a framework for negotiation and cooperation between the two parties concerned and outlines the terms and conditions that must be adhered to during the exploration and extraction processes. There are different types of Colorado Agreements Waiving Surface Use by Oil and Gas Lessee, each with its specific terms and conditions. These may include: 1. Standard Colorado Agreement: This is the most common type of agreement and typically outlines the general guidelines and obligations that the lessee must follow while conducting operations on the surface owner's land. 2. Enhanced Environmental Protection Agreement: This agreement goes beyond the standard terms to emphasize environmental protection measures. It may require the implementation of additional safeguards to mitigate potential environmental impacts, such as the use of advanced drilling techniques or stricter waste disposal practices. 3. Access Agreement: This type of agreement focuses on establishing the terms for accessing the surface owner's land. It typically includes specifics regarding road construction, traffic control, and other necessary access arrangements. 4. Compensation Agreement: In situations where the surface owner might experience significant disturbance or inconvenience due to oil and gas activities, a compensation agreement can be established. This agreement ensures that the affected landowner is fairly compensated for any adverse effects caused by the lessee's operations. In summary, the Colorado Agreement Waiving Surface Use by Oil and Gas Lessee is a legal document that aims to strike a balance between the oil and gas lessee's need for resource extraction and the surface owner's desire to protect their property. These agreements establish guidelines and provisions to minimize the impact on the surface owner's land and outline different types like the standard agreement, enhanced environmental protection agreement, access agreement, and compensation agreement.

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A surface use agreement, which is also sometimes referred to as a land use agreement, is an agreement between the landowner and an oil and gas company or an operator for the use of the landowner's land in the development of the oil and gas.

As a general rule of thumb, the mineral rights value in Colorado for leased mineral rights is 2x to 3x the total amount of your lease bonus. For example, if you leased your mineral rights for $100,000 you could expect to sell for $200,000 to $300,000.

A property owner with mineral rights may explore, extract, and sell natural deposits found underneath the land surface. But surface rights only refer to exclusive rights to all physical property on the land.

The decision applies the commission's 2000-foot setback rule, which was adopted by Colorado in 2020 to help better protect homes and schools from oil and gas development. The setback rule requires that drilling generally stay at least 2000 feet from homes.

Mineral rights are ownership rights that allow the owner the right to exploit minerals from underneath a property. The rights refer to solid and liquid minerals, such as gold and oil. Mineral rights can be separate from surface rights and are not always possessed by the property owner.

Concerning land ownership and property law, subsurface rights can allow a property owner to discover and utilize anything extracted from underneath a property without interference from a second party. Purchasing both rights for a property is possible.

The owner of the Surface Estate is entitled to use the surface only. The owner of the Mineral Estate has the right to use a reasonable amount of the surface to explore for oil and gas or grant a lease to an oil and gas company.

In Colorado, there is a difference between ownership of the surface rights of the property and ownership of the minerals beneath the property. For example, you may own the surface rights and own a house on the property, but someone else owns the minerals beneath it.

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Surface own- ers may waive these requirements. 3. Surface Use Agreements (SUA) are private contracts that address the operator's oil and gas activities on the ... still occur, Operator agrees to waive and relinquish any other use of the surface of the ... in the records of Weld County, Colorado or the Oil and Gas Lease.Colorado Oil and Gas Conservation Commission (“COGCC”), Landowner waives the right to receive the Notice of Drilling set forth in COGCC Rule. 305.b(1), and ... Another situation where a mineral owner may not have complete authority to deny an oil and gas lease opportunity is when there are undivided mineral cotenants ... Once the Oil and Gas Operations Areas have been established in accordance with Section 5 hereof, Owner agrees not to object to the use of the surface in the ... Sep 13, 2017 — These regulations are administered by the Colorado Oil and Gas Conservation Commission (COGCC) as part of ... surface use agreement. Consultation ... by P Jessen · 2005 · Cited by 1 — of a Surface Use Agreement to a lessee/op- erator is that there is a ... Agreement waiving (or seeking a separate waiver) of the lessee's/operator's rights. Agreement shall automatically terminate upon the termination of that certain Oil and Gas Lease ... – Surface Use Agreement. EXHIBIT A. LEGAL DESCRIPTION. ... Agreement or waiver, that includes informed consent from all Building Unit owner(s) and tenant(s) explicitly agreeing to the proposed Oil and Gas Location ... This waiver of surface rights template is executed by an oil and gas exploration company, as lessee under an oil and gas lease, to assure a lessor that the ...

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Colorado Agreement Waiving Surface Use by Oil and Gas Lessee