Mont. Admin. r. 36.25.414 - LAND SURFACE USE RIGHTS AND OBLIGATIONS

(1) The lessee may not enter upon the leased lands for casual exploration or inspection until there is in existence a fully executed lease.

(2) The lessee may not enter upon the leased lands for exploration operations using motorized earth moving equipment or otherwise engaging in operation which may lead to a material disturbance to lands, timber, or other resources or improvements on the leased land until there is in existence a fully executed lease and the conditions of ARM 36.25.404, 36.25.435, and 36.25.415, if pertinent, have been satisfied.

(a) Before entering upon lands as specified in ARM 36.25.414(2), the lessee shall provide the department with the following:

(i) name and address of operator;

(ii) exact legal description of the location of the operation;

(iii) starting date and estimated completion date of the operation;

(iv) the anticipated size or scope of the operation including manpower, equipment and proposed disturbance;

(v) the general method of operation as provided in ARM 36.25.415;

(vi) any other information the department may require.

(3) Lessee shall be entitled to use and occupy only so much of the surface of leased lands as may be required for all purposes reasonably incident to exploration for, drilling for, production and marketing of geothermal respirces and associated by-products produced from the leased lands, including the right to construct and maintain thereon all works, building, plants, waterways, roads, communication lines, pipelines, reservoirs, tanks, pumping stations or other structures necessary to the full enjoyment and development thereof, consistent with a plan of operations and amendments thereto, as approved by the department.

(4) Lessee shall not unreasonably interfere with the removal of timber purchased prior to or subsequent to the issuance of a lease. Lessee may remove any timber required for ingress or egress or necessary for operations. Any timber cut or removed by lessee shall be paid for by lessee on a current price basis as determined by the department.

(5) A geothermal resources lease shall not be construed to prohibit the leasing of the lands by the board to other persons for grazing and agricultural purposes, or for the mining of materials or for oil and gas development; provided, however, that the lessee under a geothermal resources lease shall have paramount right as against grazing and agricultural lessees to the use of so much of the surface of the land as shall be necessary for the purposes of the lease. All lessees shall have the right of ingress and egress at all times during the term of the lease.

(6) The board reserves the right to sell or otherwise dispose of the surface of the lands embraced with a lease, insofar as said surface is not necessary for the use of the lessee in the exploration, development, and production of the geothermal resources and associated by-products, but any sale of surface rights made subsequent to execution of a lease shall be subject to all the terms and provisions of that lease during the life thereof, including extensions and renewals under ARM 36.25.416.

(7) Lessee shall pay to the board, its surface lessees or grantees or contract purchases, for any damage done to the surface of said lands and improvements thereon, including without limitation growing crops, by reason of lessee's operations.

(8) Lessee shall reclaim all state lands disturbed by exploration, development, operation and marketing, of geothermal resources in accordance with applicable reclamation procedures contained in ARM 36.25.415 and the lease, as now existing and hereafter amended. Lessee shall conserve, segregate, stockpile, and protect topsoil to enhance reclamation. Lessee shall take all necessary steps in the exploration, development, operation, and marketing of geothermal resources to avoid a threat to life or property or an unreasonable risk to subsurface or atmospheric resources.

Notes

Mont. Admin. r. 36.25.414

NEW, Eff. 12/31/72; AMD, Eff. 3/7/75; TRANS, 1996 MAR p. 2384.

77-4-103, MCA; IMP, 77-4-107, MCA;