Mosser (plaintiff) purchased a surface estate subject to an existing oil and gas lease that granted the lessee exclusive surface and subsurface rights related to drilling operations, as well as all other rights necessary for carrying out its operations. A well on the land produced oil and gas until 2006. The lessee, whose interests were later acquired by Denbury Resources, Inc. (Denbury) (defendant), filed an application with the North Dakota Industrial Commission (NDIC), seeking to convert the mineral well into an injection well to be used for disposal of salt water. Mosser was given notice of the application. The NDIC approved the application, and the first salt water injection occurred in 2011. Mosser sued Denbury for trespass and nuisance, and both parties moved for summary judgment.