Property:GeothermalRightClass

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Property Name GeothermalRightClass
Property Type Text
Description Used by the RAPID toolkit state level permitting forms.


Pages using the property "GeothermalRightClass"

Showing 13 pages using this property.

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RAPID/Geothermal/Alaska/Water Access & Rights +(Mineral and water) In Alaska, waters with temperatures lower than 120 degrees Celsius are available for appropriation as groundwater, and subject to state water law. Waters above this mark are treated as geothermal resources and owned by the state regardless of surface ownership. Alaska does, however, give surface owners a preferential right to prospecting or leasing the geothermal right.
RAPID/Geothermal/California/Water Access & Rights +(Mineral) California defines ownership of geothermal resources as whomever owns the mineral estate. A geothermal resource is defined as "the natural heat of the earth, the energy, in whatever form, below the surface of the earth."
RAPID/Geothermal/Colorado/Water Access & Rights +(Mineral and water) In Colorado geothermal resources are considered water rights on private lands, but mineral rights on state and federal lands. However, if the geothermal resource is classified as a mineral right, only the heat is classified as a mineral.
RAPID/Geothermal/Federal/Water Access & Rights +Geothermal resources include: #All products of geothermal processes, including indigenous steam, hot water, and hot brines; #Steam and other gases, hot water, and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations; #Heat or other associated energy found in geothermal formations; and #Any byproducts. [[Title 43 CFR 3200 Geothermal Resource Leasing | 43 CFR 3200.1]].
RAPID/Geothermal/Hawaii/Water Access & Rights +(Mineral) In Hawai'i geothermal resources are included within the definition of mineral (HRS 523A-2). Hawai'i state law also excludes from the definition of a geothermal resource any fluids having a temperature less than 150 degrees Fahrenheit and not being used for electrical generation (HRS 182-1). Hawai'i also claims ownership of geothermal resources on all state and reserved lands. "Reserved lands" are those owned or leased by any person in which the state has reserved to itself, expressly or by implication, the minerals or the right to mine minerals, or both. "State lands" includes all public and other lands owned by or in the possession, use and control of the State of Hawai'i.
RAPID/Geothermal/Idaho/Water Access & Rights +(Sui generis and water) Groundwater having a temperature greater than 212 degrees Fahrenheit at the well bottom is classified as a "geothermal resource" (IC 42-4002(c)). Water between 85 degrees Fahrenheit and 212 degrees Fahrenheit at the well bottom is classified as a "low temperature geothermal resource." Idaho claims ownership of all geothermal resources underlying state and school trust lands. Idaho also claims the right to regulate development and use of all of the state's geothermal resources. The use of geothermal resources does not require a permit to appropriate water in Idaho unless it will decrease groundwater in any aquifer or other groundwater source or measurably decrease groundwater available from prior water rights. However, the use of low temperature geothermal resources does require a permit to appropriate water.
RAPID/Geothermal/Montana/Water Access & Rights +(Sui generis) On state lands, geothermal resources are owned by Montana as part of their mineral reservation. Geothermal resources are defined as the natural heat of the earth, including the energy, in whatever form in Montana (MCA 77-4-102). State water laws apply to all geothermal developments involving the production and diversion of geothermal fluids, unless an exception applies. Montana does label groundwater as a public reserve that must be appropriated for beneficial use.
RAPID/Geothermal/Nevada/Water Access & Rights +(Mineral and water) Geothermal resources in Nevada belong to the owner of the surface estate, unless they have been specifically reserved by or conveyed to another person. Geothermal resources are severable from the surface estate much like a normal mineral estate in Nevada. The geothermal resource includes the natural heat of the earth, pressure and all dissolved or entrained minerals...excluding hydrocarbons and helium (NRS 534A.010).
RAPID/Geothermal/New Mexico/Water Access & Rights +Mineral and Water :Geothermal resources are classified similar to minerals if the water temperature is greater than 250 degrees Fahrenheit. However, use of the geothermal resources cannot impair existing water rights and all diverted ground water must be reinjected. :Geothermal resources are classified as water rights if the water temperature is less than 250 degrees Fahrenheit.
RAPID/Geothermal/Oregon/Water Access & Rights +(Mineral and water) Geothermal resources are characterized in Oregon as water if the bottom hole temperature is less than 250 degrees Fahrenheit and as a mineral if the bottom hole temperature is greater than 250 degrees Fahrenheit. Oregon claims ownership of all geothermal resources located on state land and some resources on land previously owned by the state, see [[ORS Chapter 273 State Lands Generally | ORS 273.775 to 273.790]].
RAPID/Geothermal/Texas/Water Access & Rights +There is some discrepancy in Texas as to whether geothermal energy is regulated as a mineral right. The statutory definition of “mineral” is the source of the uncertainty since statute describes geothermal energy as a mineral right. Per TX NR Code 141.003, geothermal energy includes the heat and any associated resource, therefore a developer can utilize gas and oil that come up when drilling for geothermal resources.
RAPID/Geothermal/Utah/Water Access & Rights +(Water) Ownership of geothermal resources derives from an interest in the land however, any diversion and use of geothermal fluids requires the acquisition of a water right. See [[UC 73-22 - Utah Geothermal Resource Conservation Act|Utah Code 73-22-8]]. Under the [[UC 73-22 - Utah Geothermal Resource Conservation Act | Utah Geothermal Resource Conservation Act]] (UGRCA), Utah defines geothermal resources as: "the natural heat energy of the earth at temperatures greater than 120 degrees centigrade; and the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium. Geothermal resource does not include geothermal fluids." [[UC 73-22 - Utah Geothermal Resource Conservation Act | UC 73-22-3(5)]]. Under the UGRCA, geothermal fluids are defined as, “water and steam at temperatures above 120 degrees Celsius naturally present in a geothermal system.’’ [[UC 73-22 - Utah Geothermal Resource Conservation Act | UC 73-22-3(4)]].
RAPID/Geothermal/Washington/Water Access & Rights +Sui generis: “being neither a mineral resource nor a water resource and as such are declared to be the private property of the holder of the title to the surface land above the resource, unless the geothermal resources have been otherwise reserved by or conveyed to another person or entity.” [[RCW 78.60 Geothermal Resources | RCW 78.60.040]].