Washington Administrative Code
Title 332 - Natural Resources, Board and Department of (See also Title 222)
Chapter 332-16 - Mineral prospecting leases and mining contracts
Section 332-16-125 - Surface rights
Current through Register Vol. 24-18, September 15, 2024
Where the surface rights for the lands described in the prospecting lease or mining contract are held by a third party, the holder of the prospecting lease or mining contract shall make arrangements with the holder of the surface rights to protect the surface interests and submit to the department evidence of such arrangements, prior to the commencement of prospecting or mining activities, in one of the following forms:
(1) Waiver of damages executed by the holder(s) of the surface rights;
(2) Agreement in the form of a letter, contract or memorandum of understanding executed by both the mineral lessee and the holder(s) of the surface rights which provides for the settlement of all disputes and damages;
(3) A court order resolving the issues of access, damage claims and any other disputes.
Statutory Authority: RCW 79.01.618. 87-21-007 (Order 528), § 332-16-125, filed 10/9/87.
