Updated July 13, 2026
When a gas company wants to install temporary above-ground water lines across a Pennsylvania landowner’s property, the request may sound simple.
The company may explain that the water line is only temporary, that it will be removed after hydraulic fracturing operations, and that the line is needed to transport water to a well site.
But landowners should not treat a Temporary Water Line Agreement as routine paperwork.
Temporary water lines can significantly affect property use. They may cross fields, driveways, pastures, woods, hunting areas, farm lanes, streams, wetlands, yards, or future building sites. They may involve access by company personnel, contractors, vehicles, pumps, mats, hoses, valves, temporary work areas, and repeated maintenance activity.
Before signing anything, Pennsylvania landowners should understand what rights the company already has, what additional rights the company is requesting, how long the line may remain, how compensation is calculated, and what protections should be negotiated.
What Is a Temporary Water Line Agreement?
A Temporary Water Line Agreement is a contract that allows a gas company, pipeline company, operator, contractor, or related entity to place water lines across private property.
These water lines are often installed above ground and used to transport water for drilling, completion, hydraulic fracturing, or related natural gas development operations.
The agreement may also be called:
- a Water Line Agreement;
- Temporary Surface Water Line Agreement;
- Above-Ground Water Line Agreement;
- Surface Use Agreement;
- Water Pipeline Agreement;
- Right-of-Entry Agreement;
- or Access Agreement.
The name of the document is less important than the rights being granted.
A landowner should review the actual language and not rely on the title.
Temporary Does Not Mean Unimportant
The word “temporary” can cause landowners to underestimate the impact of the agreement.
A temporary water line may still interfere with:
- farming;
- planting;
- harvesting;
- hay cutting;
- livestock movement;
- driveway access;
- timber access;
- hunting;
- recreational use;
- mowing;
- future construction;
- and general enjoyment of the property.
Even if the line is removed after several weeks or months, the disruption during that time may be substantial.
The agreement should clearly state when the company may install the line, how long it may remain, whether extensions are allowed, and when the line must be removed.
Review the Existing Oil and Gas Lease First
Before signing a Temporary Water Line Agreement, the landowner should review the existing oil and gas lease and addendum.
The company may claim that the lease already authorizes the water line. That may or may not be correct.
The answer depends on the lease language, the proposed use, the location, the purpose of the line, and whether the line serves the leased premises or other lands.
The landowner should ask:
- Does the lease allow water lines?
- Does the lease allow above-ground lines?
- Does the lease allow lines serving other properties?
- Does the lease limit surface use?
- Does the addendum restrict pipelines or water lines?
- Does the lease require compensation for surface damage?
- Does the company need a new agreement because the lease is unclear or insufficient?
If the company is asking for a separate written agreement, that may indicate the company wants rights beyond what it already has.
Do Not Accept the Landman’s Interpretation Without Review
A landman may say the company already has the right to install the water line.
That statement should be verified.
The landman works for the company, not the landowner. The landman’s job is to obtain the rights the company wants.
A landowner should not sign a water line agreement simply because a company representative says the activity is authorized.
The lease, addendum, prior agreements, proposed route, and proposed use should all be reviewed before the landowner agrees.
Location Is Critical
The route of the water line may be the most important issue in the agreement.
A poorly located water line can interfere with:
- farm fields;
- pastures;
- driveways;
- private roads;
- barns;
- homes;
- ponds;
- streams;
- springs;
- water wells;
- hunting areas;
- timber areas;
- recreational areas;
- and future development plans.
The agreement should include a detailed map or exhibit showing the exact route.
The company should not have broad discretion to move, reroute, expand, or add lines without written landowner consent and additional compensation.
A route near the edge of a property may be very different from a route cutting through the middle of a field or across a driveway.
Duration Must Be Clearly Limited
A Temporary Water Line Agreement should state exactly how long the water line may remain on the property.
The agreement should address:
- when installation may begin;
- when the line must be removed;
- whether extensions are permitted;
- whether extensions require consent;
- whether additional compensation is owed for extensions;
- and what happens if the line is not removed on time.
Landowners should avoid vague language allowing the company to keep the line in place for as long as it is “needed” or “reasonably necessary.”
A temporary agreement should have a real end date.
Compensation Should Reflect the Full Burden
Compensation should not be based only on the length of the water line.
The landowner should consider the total impact, including:
- acreage affected;
- length of time on the property;
- route location;
- interference with farming;
- crop or hay loss;
- livestock disruption;
- hunting or recreational impact;
- driveway or access interference;
- use of vehicles or equipment;
- risk of leaks or ruptures;
- restoration obligations;
- inconvenience;
- and whether the line serves other properties or operations.
If the company wants to extend the term, add lines, change the route, or use additional access areas, the agreement should require additional compensation.
Access Rights Should Be Narrow
Temporary water lines require access for installation, inspection, maintenance, repair, and removal.
That does not mean the company should receive broad access across the entire property.
The agreement should define:
- where entry may occur;
- what roads may be used;
- whether vehicles are permitted;
- whether gates must be closed;
- whether locks or keys are needed;
- whether notice is required before entry;
- whether contractors may enter;
- and whether the landowner may restrict entry during certain times.
Access should be limited to what is necessary for the specific water line.
A landowner should not sign an agreement that allows open-ended entry over unrelated areas of the property.
Vehicles, Mats, Pumps, and Equipment
Water line operations may involve more than a hose or pipe.
The company may use:
- trucks;
- ATVs;
- pumps;
- generators;
- valves;
- mats;
- temporary crossings;
- staging areas;
- connectors;
- and other equipment.
The agreement should state what equipment is permitted and where it may be placed.
If the company wants to place pumps, mats, temporary roads, or equipment areas, those rights should be clearly identified and separately compensated where appropriate.
Damage Protection Is Essential
Temporary water lines can cause damage.
Potential damage may include:
- ruts;
- crop loss;
- hay loss;
- broken fences;
- damaged gates;
- livestock issues;
- driveway damage;
- soil compaction;
- drainage changes;
- erosion;
- leak damage;
- washouts;
- and damage to roads, lanes, or crossings.
The agreement should require the company to pay for all damages caused by the water line, its contractors, vehicles, equipment, and access activity.
Damage obligations should not be vague.
The agreement should also state how damages will be documented, reported, repaired, and paid.
Leaks, Ruptures, and Water Discharge
Water lines can leak or rupture.
A leak may cause erosion, flooding, sediment movement, crop damage, road damage, ponding, stream impact, or damage to neighboring property.
The agreement should require the company to:
- inspect the line;
- respond promptly to leaks;
- repair leaks immediately;
- notify the landowner;
- pay for all resulting damages;
- repair erosion or washouts;
- restore affected areas;
- and indemnify the landowner for related claims.
The landowner should not bear risk for water line failures caused by the company.
Farming and Livestock Protections
If the property is used for farming, the agreement should include agricultural protections.
Those may include:
- coordination with planting and harvest;
- crop damage payments;
- hay damage payments;
- livestock fencing;
- gate requirements;
- limits on open trenches or hazards;
- equipment route limits;
- soil repair;
- reseeding;
- and restrictions during key farming periods where possible.
A water line that crosses an active field or pasture can create daily operational problems.
Those issues should be addressed before signing.
Hunting, Recreation, and Seasonal Use
Many Pennsylvania properties are used for hunting and recreation.
A temporary water line may interfere with:
- hunting access;
- trails;
- tree stands;
- blinds;
- ATV routes;
- family recreation;
- and seasonal property use.
The agreement should consider timing, notice, access, and safety.
If hunting season is important, the landowner should consider whether installation, maintenance, or removal should be restricted or coordinated during that period.
Stream, Pond, Spring, and Wet Area Concerns
Water lines may cross or pass near streams, ponds, springs, wetlands, or drainage areas.
The agreement should address protection of water resources.
The landowner should ask whether the line will affect:
- stream crossings;
- pond banks;
- springs;
- wetlands;
- drainage ditches;
- culverts;
- private water supplies;
- or low-lying wet areas.
If damage occurs, the company should be responsible for repair, restoration, and any resulting claims.
Restoration and Removal
When the temporary water line is no longer authorized, the company should remove it promptly.
The agreement should require:
- removal of all lines;
- removal of pumps and equipment;
- removal of stakes, markers, mats, and debris;
- repair of ruts;
- repair of fences and gates;
- repair of roads and lanes;
- repair of drainage problems;
- reseeding;
- stabilization of disturbed areas;
- and restoration of the property to the required condition.
A landowner should not rely on informal promises that the company will clean up later.
Restoration should be written into the agreement.
No Future Rights Without New Written Consent
A Temporary Water Line Agreement should not become a broad future-use agreement.
The agreement should not allow the company to install future lines, additional lines, permanent pipelines, electric lines, communication lines, access roads, or other facilities unless those rights are specifically negotiated.
If the company wants future rights, it should return to the landowner, obtain new written consent, provide updated maps, and pay additional compensation.
Assignment and Contractor Responsibility
The agreement should address who may use the water line rights.
The company may want to allow access by contractors, subcontractors, affiliates, successors, or other operators.
If others are allowed on the property, the company should remain responsible for their conduct.
The landowner should not be forced to pursue multiple contractors if damage occurs.
Indemnification and Insurance
The agreement should include strong indemnification language.
The company should protect the landowner from claims, injuries, damages, losses, environmental issues, and third-party claims arising from the water line and related activity.
The agreement should also require appropriate insurance coverage.
If contractors will enter the property, they should be covered as well.
Do Not Sign a Release Too Early
If damage occurs, the company may offer payment and ask the landowner to sign a Damage Release or settlement document.
A landowner should be cautious.
Before signing any release, the landowner should determine whether:
- all damage has been identified;
- the line has been removed;
- restoration is complete;
- drainage has been tested;
- crop or hay loss is fully known;
- road damage is fully known;
- leak damage is fully known;
- and future claims are preserved if necessary.
A release should not waive unknown or future claims unless that is clearly intended and fully compensated.
Verbal Promises Are Not Enough
A company representative may say:
- “It will only be there a short time.”
- “We will work around you.”
- “We will pay for any damage.”
- “We will restore everything.”
- “The lease already allows this.”
- “This is just temporary.”
- “Everyone else signed.”
If those points matter, they should be written into the agreement.
The written contract controls.
Questions Pennsylvania Landowners Should Ask Before Signing
Before signing a Temporary Water Line Agreement, landowners should ask:
- Does the existing oil and gas lease authorize the proposed water line?
- Is the water line above ground or buried?
- Where exactly will the line be located?
- Is a detailed map attached?
- How long may the line remain?
- Are extensions allowed?
- What compensation is being paid?
- Are additional payments owed for extensions or additional lines?
- What access routes may be used?
- Will vehicles, mats, pumps, or equipment be used?
- Who pays for crop, hay, fence, road, drainage, or soil damage?
- What happens if the line leaks or ruptures?
- Are farming and livestock protections included?
- Are hunting and seasonal-use issues addressed?
- What restoration obligations apply?
- Does the agreement include indemnification and insurance?
- Does the agreement include release language?
- Are future rights prohibited without new written consent?
These questions should be answered before signing.
Speak With a Pennsylvania Temporary Water Line Agreement Attorney Before Signing
Temporary water lines may sound minor, but they can significantly affect Pennsylvania property. The agreement may involve route location, duration, compensation, access, damage payments, leaks, farming impacts, restoration, indemnification, insurance, and future-use restrictions.
At The Clark Law Firm, PC, Attorney Doug Clark represents Pennsylvania landowners only. He does not represent gas companies and never will.
If a gas company, pipeline company, landman, or contractor has asked you to sign a Temporary Water Line Agreement, Surface Use Agreement, Water Pipeline Agreement, Right-of-Entry Agreement, Damage Release, or related document, contact PAGasLeaseAttorney.com before signing.
Frequently Asked Questions About Pennsylvania Temporary Water Line Agreements
What is a Temporary Water Line Agreement?
A Temporary Water Line Agreement gives a gas company permission to place water lines across private property, often to transport water for drilling, completion, or hydraulic fracturing operations.
Does my gas lease automatically allow temporary water lines?
Not necessarily. The existing lease and addendum should be reviewed to determine whether the proposed activity is authorized.
Can a temporary water line still cause property damage?
Yes. Temporary water lines may cause crop damage, ruts, fence damage, leaks, erosion, drainage issues, access problems, and restoration disputes.
Should the route be mapped before signing?
Yes. The agreement should include a detailed map showing the exact route, access areas, equipment locations, and any related work areas.
Should I sign a release after the water line is removed?
Not without review. A release may waive unknown or future claims involving damage, leaks, drainage, restoration, or related impacts.
