A North Dakota Surface Use Agreement is a contract that governs the use of land and specifies the terms and conditions when an operator's production equipment is to be located in cellars. This agreement outlines the rights and responsibilities of both the landowner and the operator, ensuring a fair and mutually beneficial relationship. When it comes to North Dakota Surface Use Agreements, there are several types that specifically address the situation when the operator's production equipment is to be located in cellars. These agreements include: 1. Standard Surface Use Agreement: This is a common type of agreement that covers the general guidelines for surface use. It outlines the rights to access and use the land while detailing the operator's obligations to minimize surface disturbances and apply proper safety measures when locating production equipment in cellars. 2. Cellar Construction Agreement: This agreement focuses specifically on the construction of cellars — underground structures used to house oil and gas production equipment. It defines the specifications and requirements for building cellars, including safety considerations, monetary compensation, and the responsibility for restoration once the equipment is no longer in use. 3. Surface Agreement Addendum: Sometimes, an existing surface agreement may not include specific provisions relating to production equipment located in cellars. In such cases, a surface agreement addendum is drafted to address this unique situation. This addendum will outline the rights, responsibilities, and compensation related to the cellar construction and ongoing use of the equipment. Key terms relevant to North Dakota Surface Use Agreements when the operator's production equipment is located in cellars may include: surface access rights, cellar construction, equipment installation, safety provisions, environmental preservation, compensation for surface disturbance, damage mitigation, restoration requirements, abandonment procedures, and landowner protections. It is crucial for landowners and operators to carefully review and negotiate the terms within these agreements to ensure that their interests are protected and that all parties have a clear understanding of their rights and obligations.