A road through a ranch to an oil well site occupies a few acres but the impact — noise, dust, traffi c, and an increased number of people — goes far beyond.
to negotiation. Landowners have to protect themselves by being informed, engaged and in constant commu- nication with the energy company working on their land,” says Jay Evans, TSCRA director and owner of the Jay Evans Company in Austin, which specializes in representing rancher and landowner interests in the oil fi eld. A Surface Use Agreement (SUA) is the tool of choice
for protecting the land’s integrity. In a perfect world, landowners own both the surface and mineral interests and begin SUA negotiations with the energy company as a part of a new lease. Embarking on negotiations at this stage allows landowners to write protections into their lease, meaning the SUA will transfer with the lease in case it is ever sold. The world is not perfect. In many cases, landowners
fi nd themselves governed by an old lease that provides minimal or no surface protections or they fi nd them- selves with no mineral rights because the mineral and the surface estates were split sometime in the past. “Even if you have an old lease or you’re not in control
tscra.org
of the lease, there is still an opportunity to negotiate a good surface use agreement, but it may be infi nitely more challenging,” Evans says. While energy companies are not legally bound to
work with surface owners, generally they are motivated to cooperate, Evans says. Depending on the company, the motivation can range from a desire to do the right thing to the practical realization that the company will need something from the landowner some day, he says. And the reciprocal is true for landowners. “Oil and gas development is a long-term relationship,
with both parties eventually needing something from the other,” Evans says. “Frankly, both parties benefi t from a cooperative relationship. Cooperation is always preferable to antagonism.” Like nature, oilfi eld development is not static, so it
is imperative that landowners stay in constant com- munication with company representatives, Evans says. Ongoing conversation establishes good working relation- ships and creates opportunities for landowners to offer practical solutions that benefi t the landscape, he says.
May 2014 The Cattleman 67
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