Geothermal Land Access in Colorado
At a Glance
|Leasing Agency:||Colorado State Board of Land Commissioners|
|Competitive Land Leasing:||Colorado State Board of Land Commissioners has authority to approve geothermal leases through competitive bidding.|
|Noncompetitive Land Leasing:||Colorado State Board of Land Commissioners has authority to approve geothermal leases through non-competitive negotiation.|
|Royalty Rate Competitive Land Lease:|
|Royalty Rate Nonompetitive Land Lease:|
|Royalty Rate Calculation Basis:|
|Contacts/Agencies:||Colorado State Board of Land Commissioners|
State Land Access Process
In order to develop geothermal resources on state land in Colorado, developers must gain legal access to the land by obtaining a lease and, any required rights-of-way (ROW) easements over state lands, including any necessary permits to encroach on existing state ROWs.
Colorado defines geothermal resources as: the natural heat of the earth, including:
- The energy that may be extracted from that natural heat;
- The material medium used to extract the energy from a geothermal resource; and
- Geothermal by-products.
#"Geothermal by-products" means dissolved or entrained minerals and gases that may be obtained from the material medium, excluding hydrocarbon substances and carbon dioxide.
The Colorado State Board of Land Commissioners also known at the Colorado State Land Board (CSLB) is responsible for the management and administration of geothermal resources contained in state land and is actively pursuing geothermal development on state trust land.
Developers must submit a complete Geothermal Lease Application to the CSLB. The CSLB has authority to award geothermal leases through negotiation or by competitive bidding, but must allow for a thirty five day public notice period prior to issuance. CRS 37-90.5-105(1). However, projects on locally managed land (e.g. by a municipality) or land managed by other state agencies require a geothermal lease-type agreements with the applicable local entity or other state agency.
State Land Right of Way
If any portion of the project, such as roads, power lines, or pipelines, will cross over or occupy certain state land under the jurisdiction of the CSLB, the developer will need to obtain a right of way (ROW) lease by submitting a complete Application for Grant of Right of Way to the CSLB. CRS 36-1-136. All state ROW leases are subject to conditions imposed by the CSLB ( CRS 38-5-102) and are subject to local government permitting and zoning restrictions. Colorado - Colo. Const. Art. IX Sec. 10(1)(c).
If components of the project will encroach on existing state highway or other public ROWs, the developer must obtain permission from the Colorado Department of Transportation (CDOT) by submitting a CDOT - Utility/Special Use Permit Application in accordance with Rules 188.8.131.52 and 184.108.40.206. Similarly, if the project requires the construction or modification of access points on state highway ROWs, the developer must submit a CDOT - State Highway Access Permit Application.
Local Land Access Process
Policies & Regulations
- An Introduction to Electric Power Transmission
- CDOT - Permit Standard Provisions Example
- CDOT - State Highway Access Permit Application
- CDOT State Highway Access Permit Application
- CDOT Utility Accommodation Code Rule 2.2 - Utility Permits and Utility Relocation Permits to the State Highway
- CDOT-Access Permits Website
- CSLB Forms
- CSLB News and Policies
- CSLB ROW Forms
- Colorado - Access Permit Application File Review Checklist
- Colorado - Access Permit Pre-Design Checklist
- Colorado - State Highway Access Code
- Colorado Department of Local Affairs
- Colorado Department of Transportation - Utility/Special Use Permit Application
- Colorado State Board of Land Commissioners Strategic Plan
- Colorado State Board of Land Commissioners: Temporary Access Permit Application
- Colorado State Land Board Application for Grant of Right-of-Way and Amendment to a Right-of-Way
- Colorado State Land Board Land Survey Requirements
- Colorado State Land Board: Right-of-Way General Information
- Colorado – C.R.S. 43-2-147, Access to Public Highways
- Environmental Recommendations for Transmission Planning