New Mexico Agreement Waiving Surface Use by Oil and Gas Lessee

State:
Multi-State
Control #:
US-OG-655
Format:
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 New Mexico Agreement Waiving Surface Use by Oil and Gas Lessee is a legal arrangement between the lessor and lessee involved in oil and gas exploration activities in the state of New Mexico. This agreement specifically pertains to situations where the lessee seeks to bypass the need for surface usage rights, enabling them to access mineral resources without conducting surface-level operations. One type of New Mexico Agreement Waiving Surface Use by Oil and Gas Lessee is the Temporary Waiver agreement. This agreement allows the lessee to temporarily suspend the surface usage rights for a predetermined period, during which they can explore and extract minerals beneath the surface without conducting any disruptive activities on the land above. Another variant of this agreement is the Permanent Waiver agreement. Under this arrangement, the lessee permanently waives their rights to utilize the surface area for oil and gas operations. This ensures that the lessor retains full control and ownership of the land's surface, while allowing the lessee to solely focus on underground extraction activities. The New Mexico Agreement Waiving Surface Use by Oil and Gas Lessee typically includes several key components. Firstly, it outlines the purpose and scope of the agreement, specifying the length and type of surface usage waiver sought by the lessee. The agreement further defines the rights and responsibilities of both parties involved, ensuring clarity and transparency in their roles and obligations. Additionally, the agreement often covers compensation and financial considerations. It may specify the payment structure, such as annual or monthly compensation to the lessor for the surface usage waiver. This is to ensure that the lessor is fairly compensated for allowing the lessee to access and extract valuable resources from their land. Furthermore, the agreement may include clauses addressing potential damages or liabilities resulting from the lessee's underground activities. This may involve provisions for the lessee's responsibility to repair any damages caused to the surface area during the extraction process or to mitigate environmental impacts in accordance with applicable regulations. Overall, the New Mexico Agreement Waiving Surface Use by Oil and Gas Lessee serves as a legal tool to facilitate efficient resource extraction while ensuring the protection of surface rights and addressing potential environmental concerns. By offering different types of waivers and addressing various aspects of the agreement, it strives to create a balanced and mutually beneficial arrangement for both lessor and lessee.

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FAQ

What is the granting clause? The granting clause is the clause under which the owner of the oil and gas rights leases the oil and gas rights to the oil and gas company along with the right to develop the oil and gas on a specifically described piece of real estate.

Royalty Payment Clauses A royalty is agreed upon as a percentage of the lease, minus what was reasonably used in the lessee's production costs. This is stipulated in a Royalty Clause. The royalty is paid by the lessee to the owner of the mineral rights, the lessor in the lease.

A clause in an oil & gas lease that keeps the lease in effect after a dry hole is drilled. The lessee must start drilling a new well within a specified time.

The New Mexico Oil and Gas Justice and Reform Act Reforms the Basic Framework of the 1935 Oil and Gas Act to: Expand the duties and authorities of the Oil Conservation Commission (OCC) and Oil Conservation Division (OCD) to include: Protection of the environment, Protection of public health, and.

in clause (or shutin royalty clause) traditionally allows the lessee to maintain the lease by making shutin payments on a well capable of producing oil or gas in paying quantities where the oil or gas cannot be marketed, whether due to a lack of pipeline connection or otherwise.

SOPA creates an obligation to pay damages where oil and gas operations result in any loss of: land value; agricultural production or income; use; access; or improvements.

By way of background, a ?free use? clause is a provision in an oil/gas lease which gives the lessee the right to use gas produced from the leasehold.

The surface use agreement will specify what the oil and gas company or operator can do on the landowner's land in developing the oil and gas, where development can take place, and what compensation the landowner will receive.

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Do I need to procure and file a bond or a waiver when I acquire a state Oil and Gas Lease? Yes. A Protect Surface Bond Waiver may be filed in lieu of a bond ... Jul 20, 2023 — A contract to protect your surface should be agreed upon with the mineral owner during the actual oil and gas lease negotiations. Assuming that ...Forms – Oil, Gas & Minerals · Communitization Self-Certification Form for Non-State Interests · State-Fed-Fee Exploratory Unit Development Operation Agreement. Jul 19, 2014 — ... surface lessees shall file with the commissioner a waiver duly ... the benefit of the state's contract purchasers, patentees, and surface lessees ... “Lessor, in consideration of Ten Dollars ($10.00) and other valuable consideration, the receipt of which is hereby acknowledged, and of the royalties herein ... Provided further, that if any purchaser, patentees or surface lessees shall file with the commissioner a waiver duly executed and acknowledged by the purchaser, ... 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 ... Feb 21, 2018 — General Requirements: An. Example (Requirement No. 1). You should secure Affidavits of Use and. Possession from two or more persons. Each form is designed using a MS Word "Fill in the Blank" format. This allows you to quickly make changes, additions and deletions to prepare your documents. ... use and occupation of the lands by the oil and gas lessee. B. A bond or other surety in the minimum amount of ten thousand dollars ($10,000) for each lease ...

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New Mexico Agreement Waiving Surface Use by Oil and Gas Lessee