A Delaware Surface Use Agreement is a legally binding contract between a mineral rights owner (referred to as the "Surface Owner") and an operator of an oil or natural gas well (referred to as the "Operator"). This agreement defines the terms and conditions regarding the use of the surface land for drilling operations, specifically when the Operator's production equipment is to be located in cellars. When the Operator intends to place their production equipment in cellars, there are different types of Delaware Surface Use Agreements depending on the specific requirements and conditions. These agreements may include: 1. Standard Delaware Surface Use Agreement with Cellars: This agreement outlines the provisions for the installation and use of cellars for the Operator's production equipment. It covers aspects such as cellar construction, dimensions, safety measures, and maintenance responsibilities. 2. Delaware Surface Use Agreement with Cellar Specifications: This type of agreement provides detailed specifications regarding the design, materials, and structural requirements of the cellars to be used by the Operator. It ensures compliance with safety regulations and any applicable environmental guidelines. 3. Delaware Surface Use Agreement with Cellar Location Restrictions: In certain cases, surface owners may impose restrictions on the location of the cellars within their property. This agreement would outline these restrictions, which could be based on factors such as proximity to water sources, neighboring structures, or environmental sensitivities. 4. Delaware Surface Use Agreement with Cellar Access Rights: This agreement grants the Operator specific rights related to accessing and operating within the cellars. It may include provisions for routine maintenance, repairs, and inspections by the Operator while ensuring minimal disturbance to the Surface Owner's land. Regardless of the specific type, a Delaware Surface Use Agreement with cellars typically covers various common areas, such as compensation, insurance requirements, indemnification, surface restoration after the drilling operation is complete, and dispute resolution mechanisms. In summary, a Delaware Surface Use Agreement when an Operator's production equipment is to be located in cellars is a comprehensive contract that regulates the use and construction of cellars while safeguarding the rights and interests of both the Surface Owner and the Operator.