Property:WaterRightRequired

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


Pages using the property "WaterRightRequired"

Showing 19 pages using this property.

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RAPID/Geothermal/Alaska/Water Access & Rights +Yes if below 120 degrees Celsius
RAPID/Geothermal/California/Water Access & Rights +No
RAPID/Geothermal/Colorado/Water Access & Rights +Yes - The use of water as a material medium is recognized as a beneficial use of such water. All applications to appropriate groundwater in order to utilize its geothermal energy shall be considered an application to appropriate geothermal fluid. (2) (a) Prior to the production of geothermal fluid from a well, other than for flow-testing purposes, a permit to appropriate shall be obtained from the state engineer. This requirement shall not apply to nondiversionary utilization methods (i.e., non-consumptive uses of the geothermal fluids); however, such exemption shall not prevent the developer of a geothermal resource from establishing a property right based on his actual utilization.
RAPID/Geothermal/Federal/Water Access & Rights +Given the rights conveyed and the applicable definition of “geothermal resources,” developers do not need to obtain a state water right related to the extraction of hot water and brines that are part of the geothermal resource/formation. The right to extract water, brines, and fluids for the purposes of geothermal development is inherent in the rights conveyed under a federal geothermal lease.
RAPID/Geothermal/Hawaii/Water Access & Rights +No
RAPID/Geothermal/Idaho/Water Access & Rights +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. [http://en.openei.org/wiki/RAPID/Roadmap/2 Preliminary Site Considerations]
RAPID/Geothermal/Montana/Water Access & Rights +Yes, unless an exception applies. State water laws apply to all geothermal developments involving the production and diversion of geothermal fluids, unless the limited exception in [[MCA Title 85 - Water Use | MCA 85-2-306(3)]] applies. Nonconsumptive closed-loop geothermal development not within the boundaries of the controlled groundwater area may fit within the exception. Montana does label groundwater as a public reserve that must be appropriated for beneficial use. [http://en.openei.org/wiki/RAPID/Roadmap/2 Preliminary Site Considerations]
RAPID/Geothermal/Nevada/Water Access & Rights +Under Nevada Revised Statutes 534A.040 only consumptive uses of water brought to the surface outside of a geothermal well are subject to the appropriation procedures of NRS 533 and 534 unless: * The water that is removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources is returned to or reinjected into the same aquifer or reservoir; or * Reasonable loss of water results from geothermal well testing or temporary failure of all or part of a system that removes water from an aquifer or geothermal reservoir, transfers the heat from the water and reinjects that water into the same aquifer or reservoir.
RAPID/Geothermal/New Mexico/Water Access & Rights +No, if the water is over 250 degrees Fahrenheit and all diverted ground water is reinjected as soon as practicable into the same ground water source, resulting in no new new depletions.
RAPID/Geothermal/Oregon/Water Access & Rights +Yes, if the bottom hole temperature is less than 250 degrees Fahrenheit.
RAPID/Geothermal/Texas/Water Access & Rights +There is a discrepancy as to whether geothermal water, including injected water, is regulated as water or as a mineral due to the high salt content of the water. [From Texas GRR Meeting-2013_06_12_TX_flowchart_workshop_minutes.docx]
RAPID/Geothermal/Utah/Water Access & Rights +Yes- Permit required from the [[Utah Department of Natural Resources]] and the [[Utah Division of Water Rights]] to appropriate any waters within the state.
RAPID/Geothermal/Washington/Water Access & Rights +Pursuant to [[RCW 78.60 Geothermal Resources | RCW 78.60.060]], developers that remove and reinject water in a “closed loop” system in order to obtain geothermal resources are not subject to the appropriation rules and procedures outlined in [[RCW 90.44 Regulation of public groundwaters]]. In addition, water reasonably lost during the testing of a geothermal well or the temporary failure of a “closed loop” system is exempted from [[RCW 90.44 Regulation of public groundwaters | RCW 90.44]].
RAPID/Hydropower/Alaska/Water Access & Rights +A developer must obtain a water right from the DMLW for a hydropower project. In Alaska, a water right is required even for non-consumptive uses of water.
RAPID/Hydropower/California/Water Access & Rights +Based on the nature of the energy resource, hydropower projects require access to water, which in many instances will require a determination by the state authority as to whether a water right is necessary. Depending on the type of hydropower facility (dam, run-of-river, or pumped storage), the developer may rely upon surface water, groundwater, or municipal wastewater to meet the hydropower project’s water needs. The developer of a hydropower project may also require water for other purposes, such as dust suppression for roads and construction activities.
RAPID/Hydropower/Colorado/Water Access & Rights +A developer needs a water right for consumptive surface or groundwater uses. A hydropower developer will need a water right for the construction of a reservoir to hold water or a canal that feeds a hydrpower plant or pump storage facility. All surface and groundwater in Colorado is a public resource and must be put to beneficial use. Colorado considers power generation a beneficial use, along with commercial, industrial, and water storage uses, instream flows, and dust suppression.
RAPID/Hydropower/New York/Water Access & Rights +No, but a developer may need to obtain a Protection of Waters Permit from the [[New York State Department of Environmental Conservation|Department of Environmental Conservation]] if the project will modify or disturb the course, channel or bed of any stream or remove any sand, gravel or other material from the bed or banks of a stream.
RAPID/Hydropower/Vermont/Water Access & Rights +No, but a developer may need to obtain a Lake Encroachment Permit or a Stream Alteration Permit from the [[Vermont Department of Environmental Conservation]].
RAPID/Hydropower/Washington/Water Access & Rights +Yes, a hydropower developer must obtain a water right or other approval from the [[Washington Department of Ecology]] or a local conservancy board to withdraw or divert public surface or groundwater of the State for beneficial use. A developer may also need to obtain a Reservoir Permit from the Department of Ecology to construct an impoundment and store water, for beneficial use, in a reservoir. In addition, a developer may need to obtain a Hydraulic Project Approval for any project that diverts, obstructs, or changes the natural flow or bed of any State water.