Oil and Gas at Your Door? (2005 Edition) - Earthworks

SURFACE USE AGREEMENTS
Examples of Surface Use Agreements
The following are some examples of Surface Use Agreements, which will not only provide you
with some guidance on what to ask, but also will help to familiarize you with the language used
in these sorts of agreements. The first agreement is a copy of a surface use agreement from
Wyoming, which includes clauses that might not be present in the standard agreements that
companies ask surface owners to sign. This agreement comes from the Powder River Basin
Resource Council web site. This web site also has sample pipeline and right-of-way agreements
(see Chapter V for details).
The second agreement is a Mineral Extraction Agreement (MEA) between Ted Turner and El
Paso Production Corporation. While not perfect, there are clauses in the Vermejo Park Ranch
MEA that are prime examples of how a company can minimize the impact of coalbed methane
development on landowners’ lives and lands. Ted Turner managed to achieve this agreement
without owning the mineral beneath his land. He does, of course, have the financial leverage to
negotiate this very landowner-friendly agreement. But this fact should not prevent other
landowners from attempting to negotiate similar provisions in their surface use agreements.
FIGURE III-4. CASTLE ROCK, VERMEJO PARK RANCH. Directionally drilled wells access gas beneath this important
elk habitat. Photo used with permission from Vermejo Park Ranch.
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