060-5 Wyo. Code R. §§ 5-4 - Existing Lease Impairment

(a) The leased premises of a special use lease may coincide with the leased premises of an existing surface lease. Prior to issuing a special use lease, the Board shall determine whether or not the proposed special use lease would result in substantive impairment of an existing surface lease.

(b) Lessee consultation and consent. If the applicant obtains written consent from the existing lessee(s) to the issuance of a special use lease, the special use lease shall be deemed to not result in substantive impairment of the existing lease(s). Such consent shall also specify the division of mutually held lease rights, if any, as to the common surface area of the leases.

(c) Board determination. If the applicant is unable to obtain written consent from the existing lessee(s) to the issuance of the special use lease, the Board shall determine whether the issuance of the proposed special use lease will substantively impair the existing lease(s). The Office shall notify the existing lessee(s) at least 20 days before the proposed special use lease is to be considered by the Board.

Notes

060-5 Wyo. Code R. §§ 5-4

Amended, Eff. 8/1/2023 (EMERGENCY). Amended, Eff. 12/12/2023.