Understanding Mineral vs Surface Rights for Brine & Lithium
- Jeremy Humphers
- Dec 30, 2025
- 5 min read
Landowners across Texas, Oklahoma, and Arkansas are asking the same question: what’s underneath my land, and what does it mean for my future? For years, most people only thought about oil, gas, and coal. Now, with growing interest in brine and the lithium within it, many are realizing their land may hold more value than they expected.
As clean-energy projects expand, it’s natural to wonder how these developments connect to your property. The first step is understanding the difference between mineral rights and surface rights: what you own, what you control, and how those rights shape new opportunities.
This quick guide breaks down the basics so you can protect your land and make informed decisions.
Quick Takeaways for Landowners
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Mineral Rights vs. Surface Rights Explained
What Are Mineral Rights
Mineral rights give someone control over the resources under the surface. That can include oil, gas, and, perhaps, lithium held in brine. An owner of these rights may lease them or sell them.
What Are Surface Rights
Surface rights deal with life above ground. Examples of surface rights include: farming, grazing cattle, hunting, building, developing, managing, and even destroying, your land as you choose. These rights feel familiar because you use and see them every day. They don’t necessarily include control over subsurface, naturally moving minerals.
When the Rights Split
Severance of the surface and mineral estates is common across Texas, Oklahoma and Arkansas. Where the surface and mineral estates are severed, the mineral estate is dominant and the surface estate is secondary. This allows development of a severed mineral estate to move forward, subject to a reasonable accommodation of the surface estate. We plan our well pads with care and consult with surface owners well in advance of the commencement of any surface operations.
Key points to keep in mind
Surface ownership doesn’t necessarily confirm mineral ownership
A title search gives you a clear answer
Mineral owners hold development rights
Surface owners still receive protections and fair compensation
What Extraction and Refining Mean for Surface Owners
Some landowners picture large, open-pit mines when they first hear about lithium production. Smackover lithium production looks very different. Direct Lithium Extraction (“DLE”) uses a closed-loop system, by drilling deep into the Smackover formation, bringing the brine to the surface and running it through facilities which extract the lithium product. After extraction, the spent brine, or “tail brine” is then injected back into the Smackover formation, closing the loop and thereby avoiding the need for massive surface disturbance.
At the same time, the lithium-bearing brine is transferred to a facility for downstream refining and distribution. Refining does not require additional drilling or pits on your property. Refining facilities will be designed and located more central to upstream operations. This minimizes regional surface activity and reduces the need for refining facilities on your property.
A Smaller Footprint on Your Land
Surface activity stays tight and controlled. We build small pads in low-impact areas so that daily routines can continue with minimal interruption. Farms stay active. Cattle grazing goes on. Homes and buildings remain undisturbed. When we begin planning, we walk the land with the surface owner and explain what the layout may look like. This conversation helps everyone understand the project's timing and scope.
Rights You Still Hold
Surface owners keep important protections. Not every surface owner in a brine production unit will see surface disturbance. Those that do will be negotiated with in good faith and will receive financial compensation for any use of their surface. Operators must avoid unreasonable use of your land. We follow that rule closely. Clear communication, fair terms and full restoration guide each step, so your land remains productive long after the project is finished.
Leasing Lithium Rights: What Landowners Should Know
A lithium lease provides a mineral owner with a means to collaborate with a company without relinquishing ownership. You grant the rights to explore and produce lithium from the brine below your land, and you receive compensation for that access. The general idea may seem similar to oil and gas leasing, but the details are different enough that you should never rely on an outdated form.
Bonus Payments and Term Length
Most landowners focus on the signing bonus first. Companies pay this on a per-net-acre basis, and you keep it even if the project never reaches production. We use competitive bonus rates because it sets the relationship on the right foot.
The lease also sets a primary term. The company must start work during that period or the rights return to the owner, in the absence of production or perpetuation of the lease. Our agreements provide for extensions. Those extensions are written clearly so you know exactly how long the company can hold the minerals.
Royalty Structure
Royalties form the long-term value of a lease. Our lease agreements provide for a royalty which is cost-free, which means your share is deducted from the top and does not decrease due to processing or marketing deductions. This part of the lease needs careful attention because small details in the clause can change your income for decades.
Points Worth Considering
Royalty rate and whether it is cost-free
Length of the primary term and any extensions
How bonuses are calculated
A Tip for Landowners
Determining your own mineral ownership. While we conduct full title research as part of every lease we enter into, having this information and insight beforehand can bring helpful clarity for the landowner during negotiations Some families hold full mineral rights without realizing it. Others assume they do, only to learn that minerals were sold off decades or even a century ago.
Review the Lease With a Careful Eye
Lithium leases don’t operate the same way as older oil and gas forms. Read every section that affects your income or your land. Clauses about royalties, surface access, water use, and timelines matter for years, not months. If any part feels unclear, we encourage any landowner we negotiate with to seek professional counsel, or have their attorney negotiate directly with us.
Know the Value in Your Area
Bonus rates and royalty ranges shift with the market. Talk to neighbors, check local offers and compare numbers before you decide. A bit of homework helps you judge if a proposal matches the real value of your minerals.
Quick reminders:
Confirm mineral vs surface ownership
Study the royalty clause
Final Thoughts
Understanding the difference between mineral and surface rights gives landowners the confidence to make informed decisions as lithium projects expand. When you know what you own and how the process works, you’re better prepared to protect your land and take advantage of new opportunities.
Clear communication, fair terms, and respect for the property should guide every project. With the right information—and a partner who listens—you can safeguard your land while benefiting from the resources beneath it.