A rural property owner has an existing surface lease for a natural gas well on their land. The operator has applied to expand the well site, increasing the disturbed area by 0.5 acres. According to Alberta's surface rights legislation, if the parties cannot agree on compensation for the additional disturbance, what is the primary recourse for the surface owner?

Question: A rural property owner has an existing surface lease for a natural gas well on their land. The operator has applied to expand the well site, increasing the disturbed area by 0.5 acres. According to Alberta's surface rights legislation, if the parties cannot agree on compensation for the additional disturbance, what is the primary recourse for the surface owner?

Answer options:

• The surface owner can unilaterally deny the expansion.
• The surface owner must accept the additional disturbance without further compensation if it's for 'public good'. ✅ Either party can apply to the Surface Rights Board (SRB) to determine fair compensation and right of entry.
• The dispute must be settled through binding arbitration stipulated in the original lease agreement.

Correct answer: Either party can apply to the Surface Rights Board (SRB) to determine fair compensation and right of entry.

Explanation: The Surface Rights Board (SRB) in Alberta is the quasi-judicial body specifically established to resolve disputes between surface owners and mineral developers regarding surface access, compensation for disturbance, and other related matters under the Surface Rights Act.