82-10-502. Definitions. As used in this part, the following definitions apply:

Terms Used In Montana Code 82-10-502

  • Gas: means all natural gases and all other fluid hydrocarbons, including methane gas or any other natural gas found in any coal formation, as produced at the wellhead and not defined as oil in subsection (3). See Montana Code 82-1-111
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Oil: means crude petroleum oil and other hydrocarbons, regardless of gravity, that are produced at the wellhead in liquid form by ordinary production methods and that are not the result of condensation of gas before or after it leaves the reservoir. See Montana Code 82-1-111
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Reasonably available use: means the present use or a future use for which a permit, if necessary, has been issued under applicable law. See Montana Code 82-10-502

(1)”Agricultural production” means the production of any growing grass, crops, or trees attached to the surface of the land or farm animals with commercial value.

(2)”Lost land value” means the value of the highest and best reasonably available use of the land directly utilized by oil and gas operations and production, other than uses appurtenant to the mineral estate.

(3)”Oil and gas developer or operator” means the person who acquires the oil and gas lease for the purpose of extracting oil and gas.

(4)”Oil and gas estate” means an estate in or ownership of all or part of the oil and gas underlying a specified tract of land.

(5)”Oil and gas operations” means the exploration for or drilling of an oil and gas well that requires entry upon the surface estate and is begun subsequent to June 1, 1981, and the production operations directly related to the exploration or drilling.

(6)”Reasonably available use” means the present use or a future use for which a permit, if necessary, has been issued under applicable law.

(7)”Surface owner” means the person who holds record title to or has a purchaser’s interest in the surface of the land.