OAR 141-071-0635. Surface Management

In all leases where the state has no interest in the surface estate, the lease shall contain the following provision for protection of the surface owner: Unless waived in writing, the lessee shall annually pay to the surface owner a sum equal to the amount of damages sustained by the surface owner for loss caused by mining activity. The amount of damages may be determined by any formula mutually agreeable between the surface owner and the lessee.