What are the legal requirements of a surface use agreement related to oil and gas production?

A surface use agreement in Pennsylvania is a contract between a mineral owner and another party typically involved in oil and gas production. It helps to ensure that the rights of the surface owner, such as access and use of the surface, are secure while allowing for the safe extraction of oil and natural gas from beneath the surface. The legal requirements of a surface use agreement related to oil and gas production in Pennsylvania include the following: 1. The agreement must be in writing and clearly outline the rights and obligations of each party. 2. The owner of the surface must be compensated for any use of their property for oil and gas production. The amount of compensation is determined by the mineral owner and the surface owner, or by an independent third party. 3. The agreement must provide a description of the surface area covered by the agreement, including any proposed roads, pipelines, or other infrastructure. 4. The agreement must outline the procedure for handling spills or accidental releases of materials from oil and gas production on the surface. 5. The agreement must also provide procedures for environmental monitoring, including the installation of monitoring wells to detect contamination, and the posting of a bond or insurance policy to protect the surface owner in case of an accident. By having a surface use agreement in place prior to any oil and gas production, property owners can be sure that their rights will be protected and that they will be adequately compensated for any use of their land. It also helps to ensure safe and responsible extraction of oil and natural gas from the surface.

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