Next Steps In Texas Surface Vs Mineral Rights? The Answer, My Friend, Is Blowing In The Wind

Next Steps In Texas Surface Vs Mineral Rights? The Answer, My Friend, Is Blowing In The Wind

Ted Borrego, Adjunct Professor at University of Houston College of Law UNITED STATES - APRIL 10: A solar farm produces electricity near Bakersfield, Texas on Saturday, ... [+] April 10, 2021. (Photo By Bill Clark/CQ-Roll Call, Inc via Getty Images) Perhaps Bob Dylan would not have predicted this, but Texas generated nearly 22% of its electrical power from wind and solar energy in 2020, per the EIA, and also makes use of other natural resources, such as oil and gas and agriculture. The state allows minerals to be sold and owned separately from the surface. In the context of wind or solar companies contracting for using the surface, mineral and royalty owners of Texas often have their rights overlooked. In short, surface owners may find themselves unexpectedly restricted in their traditional activities. The typical method of contracting for wind or solar is to enter a contractual lease. Initially, wind energy developers, and later solar farm developers, modified oil and gas leases. While somewhat akin to pounding the square peg into a round hole, modified oil and gas leases served well as a contractual model, but some problems stand to be addressed. Clearly, wind or solar companies only need access to