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

A surface use agreement (SUA) is a legal document that outlines the terms and conditions for a company to use the surface of private and public real estate for oil and gas production activities. In Washington, there are several legal requirements that must be met when signing a SUA. First, the SUA must be approved by the State before it can be executed. This means that the agreement must contain language that shows that all the necessary land use permits have been obtained and that the agreement has been reviewed and approved by the State. Second, the SUA must contain specific terms and conditions that specify how the surface property will be used and how it will be returned to its original state upon completion of the project. For example, the SUA must stipulate the amount of compensation due to the surface owner and may include details on who will be responsible for maintaining the surface and repairing any damage done during the project. Third, surface rights owners and lessees must sign the SUA before it is valid. This is to ensure that all parties involved in the project have agreed to the terms and conditions of the agreement. The SUA must also be signed by the county recording officer in order for it to become legally binding. Finally, any changes to the SUA must be in writing and approved by the State. This includes updates to the terms and conditions, as well as any changes in the ownership of the surface. By following these legal requirements, a SUA will ensure that all parties involved in oil and gas production activities in Washington are held accountable for their actions, and that the surface rights owner is adequately compensated for the use of their property.

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