I a mineral owner only, in North Dakota. I a currently unleased but have a vertical well near me appoaching the end of its confidential status.
I suspect the oil company will be contacting me real soon. lol
However I just watched on Doc called GasLand about the pollution of water supply by fracting wells. The current vertical well mentioned above is producting 282 BOD.
What lease clause could someone suggest to include in my lease to hold me harmless from the company's (Whiting) from eventually fracting the well and then I am and the company are sued by the surface owner, who currently lives and farms the land for surface or subsurface pollution. He is not very happy as he does not own the mineral rights under his land.
I would add I suspect that some or all of these wells will be going horiztonal in the future.
The enviro extremists have a specific goal. They want to kill the oil & gas industry. Their latest attack has been to target the process of hydraulic fracturing. This is because "fracking" has been a very successful tool. The movie "Gasland" is nothing more than part of the extremists propaganda campaign. They're pulling out all the stops because fracking is vastly increasing production of American oil & gas. The extremists just hate that.
That being said, you are still wise to seek an "Indemnification Clause" in every lease you sign. You (as mineral owner) want to be covered from environmental, accidental, and surface damage concerns. This is not in response to their propaganda. It is just common sense precaution so you can't be drug in to any problem a Lessee or their assigns might create. Try googling the term and see if it doesn't provide you with some good examples.