Montana Fresh Water Purchase Agreement Between Landowner and Operator For Use of Landowner's Water in Secondary Recovery Operations — Short Form A Montana Fresh Water Purchase Agreement is a legally binding document that establishes the terms and conditions for the purchase and use of water by an operator in secondary recovery operations on a landowner's property in Montana. This short form agreement is designed to provide a concise outline of the key terms and obligations related to the water purchase arrangement. Key provisions in the Montana Fresh Water Purchase Agreement include: 1. Parties: Clearly identifies the landowner and the operator involved in the agreement, along with their respective contact details. 2. Background: Provides a brief overview of the purpose of the agreement, emphasizing the need for water in secondary recovery operations to increase oil or gas production. 3. Definitions: Defines important terms used throughout the agreement, such as "water source," "recovered water," "secondary recovery operations," and others to ensure a common understanding between the parties. 4. Water Quantity and Delivery: Sets forth the quantity of water to be purchased by the operator and the methods of water delivery, including any required equipment or pipelines. It may also address the responsibility of the operator for any necessary permits or permissions related to water withdrawal. 5. Payment Terms: Specifies the agreed-upon payment structure, frequency, and method of payment for the purchase of water by the operator. 6. Water Quality and Testing: Establishes the quality standards that the water should meet, as well as any testing requirements or protocols. It may also address the operator's responsibility for treatment and infrastructure necessary to meet the quality standards. 7. Term and Termination: Defines the duration of the agreement, including any renewal or termination provisions. It may also outline the process for early termination or the resolution of disputes. 8. Indemnification and Liability: Outlines the parties' obligations with regard to indemnification and liability for any damages or losses arising from the use or supply of water. 9. Confidentiality: Includes provisions to protect sensitive information shared between the parties during the course of the agreement. 10. Governing Law and Jurisdiction: Indicates the governing law and jurisdiction that will apply to any legal disputes arising from the agreement. While the short form Montana Fresh Water Purchase Agreement covers the basic elements necessary for such an arrangement, variations of this agreement may exist, tailored to specific circumstances or the involvement of multiple landowners and operators. Variants may include long-form agreements containing more detailed and comprehensive provisions, or specific agreements for different sectors such as oil, gas, or mining. It is essential for both parties to carefully review the terms and ensure mutual agreement before signing the Montana Fresh Water Purchase Agreement. Consulting legal professionals knowledgeable in water rights and agreements can provide valuable expertise and guidance throughout the process.