Surface and Damage Use Agreement Samples

The Surface Damage Agreement will be a contract that you hope will adequately compensate you for damages that the developer does to your surface property and business as they develop methane gas on your property. YOU WILL BE DAMAGED. Damages include but are not limited to:

  • Extreme loss of privacy
  • Noise from motors in the compressor stations, screw compressors, generators
  • Lower property values-would you buy or could you sell a property that had methane gas development on it, encumbered by easements that allowed oil and gas companies access for years to come?
  • Damages from water pumped onto your surface
  • Increased risk of water damage to your neighbors as they get "your" water
  • Soil erosion
  • Roads through your property that are driven on weekly
  • Noxious weeds
  • Construction of gas gathering pipelines, large pipelines and electrical stations
  • Construction of well heads, pumps and compressor stations on your property that give you increased noise and exhaust emissions, power lines
  • Storage of construction materials on your property
  • Potential loss of your current well or depth that you have to pump to get your water may increase
  • Increased risk of wildlife poaching
  • Increased risk of your fenced in animals getting loose
  • Damages to your fences
  • Increased risk of livestock injury in winter, after all the water will freeze. They don't stop pumping water out of the ground just because it's winter
  • Litter

It is in your best interest to keep in contact with your neighbors. You may be better positioned for negotiation if you know what your neighbors are doing or better yet, get organized as a group, then negotiate as a group