(a)Any oil and gas operator having the right to any oil
or gas underlying the surface of land may locate and enter the
land for all purposes reasonable and necessary to conduct oil
and gas operations to remove the oil or gas underlying the
surface of that land. The oil and gas operator shall have the
right at all times to enter upon the land for nonsurface
disturbing activities reasonable and necessary to determine the
feasibility and location of oil and gas operations to extract
the oil and gas thereunder. The oil and gas operator shall first
comply with the provisions of this act and shall reasonably
accommodate existing surface uses. The oil and gas operator may
reenter and occupy so much of the surface of the land thereof as
may be required for all purposes reasonable and necessary to
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(a) Any oil and gas operator having the right to any oil
or gas underlying the surface of land may locate and enter the
land for all purposes reasonable and necessary to conduct oil
and gas operations to remove the oil or gas underlying the
surface of that land. The oil and gas operator shall have the
right at all times to enter upon the land for nonsurface
disturbing activities reasonable and necessary to determine the
feasibility and location of oil and gas operations to extract
the oil and gas thereunder. The oil and gas operator shall first
comply with the provisions of this act and shall reasonably
accommodate existing surface uses. The oil and gas operator may
reenter and occupy so much of the surface of the land thereof as
may be required for all purposes reasonable and necessary to
conduct oil and gas operations on the land.
(b) An oil and gas operator may enter to conduct
nonsurface disturbing activities, including inspections,
staking, surveys, measurements and general evaluation of
proposed routes and sites for oil and gas operations. Prior to
initial entry upon the land for nonsurface disturbing
activities, the oil and gas operator shall provide at least five
(5) days notice to the surface owner. Prior to any subsequent
entry upon the land for nonsurface disturbing activities not
previously discussed, the oil and gas operator shall provide
notice to the surface owner.
(c) Entry upon the land for oil and gas operations shall
be conditioned on the oil and gas operator providing the
required notice, attempting good faith negotiations and:
(i) Securing the written consent or waiver of the
surface owner for entry onto the land for oil and gas
operations;
(ii) Obtaining an executed surface use agreement
providing for compensation to the surface owner for damages to
the land and improvements as provided in W.S. 30-5-405(a);
(iii) Securing a waiver as provided in W.S. 30-5-408;
or
(iv) In lieu of complying with paragraph (i) or (ii)
of this subsection, executing a good and sufficient surety bond
or other guaranty to the commission for the use and benefit of
the surface owner to secure payment of damages. The amount of
the initial bond or other guaranty shall be determined pursuant
to W.S. 30-5-404(b).
(d) Before entering upon the land for oil or gas
operations, the oil and gas operator shall give to all the
surface owners a written notice of its proposed oil and gas
operations on the land. This notice shall be given to the
surface owners at the address shown by the records of the county
where the land is located at the time notice is given.
(e) The notice of proposed oil and gas operations shall
sufficiently disclose the plan of work and operations to enable
the surface owner to evaluate the effect of oil and gas
operations on the surface owner's use of the land. The notice
shall be given no more than one hundred eighty (180) days nor
less than thirty (30) days before commencement of any oil and
gas operations on the land. The notice shall include, but is
not limited to:
(i) The proposed dates on which planned operations
shall commence;
(ii) To the extent reasonably known at the time, the
proposed facility locations and access routes related to the
proposed oil and gas operations, including locations of roads,
wells, well pads, seismic locations, pits, reservoirs, power
lines, pipelines, compressor pads, tank batteries and other
facilities;
(iii) The name, address, telephone number and, if
available, facsimile number and electronic mail address of the
oil and gas operator and his designee, if any;
(iv) An offer to discuss and negotiate in good faith
any proposed changes to the proposed plan of work and oil and
gas operations prior to commencement of oil and gas operations;
(v) A copy of this act.
(f) After providing the notice of proposed oil and gas
operations to the surface owner, the oil and gas operator and
the surface owner shall attempt good faith negotiations to reach
a surface use agreement for the protection of the surface
resources, reclamation activities, timely completion of
reclamation of the disturbed areas and payment for damages
caused by the oil and gas operations. At any time in the
negotiation, at the request of either party and upon mutual
agreement, dispute resolution processes including mediation or
arbitration may be employed or the informal procedures for
resolving disputes established pursuant to W.S. 11-41-101 et
seq. may be requested through the Wyoming agriculture and
natural resource mediation board.
(g) The oil and gas operator shall not engage in work,
location of facilities and access routes or oil and gas
operations substantially and materially different from those
disclosed to the surface owner in accordance with this section,
without first providing additional written notice disclosing
proposed changes and offering to schedule a meeting to comply
with the requirements of subsection (f) of this section.