Code of Colorado Regulations
400 - Department of Natural Resources
402 - Division of Water Resources
2 CCR 402-10 - RULES AND REGULATIONS FOR PERMITTING THE DEVELOPMENT AND THE APPROPRIATION OF GEOTHERMAL RESOURCES THROUGH THE USE OF WELLS
13 - Geothermal Management Districts

Universal Citation: 2 CO Code Regs 402-10 ยง 13

Current through Register Vol. 47, No. 17, September 10, 2024

13.1 Petition for a Geothermal Management District At the request of any person owning an interest in the land or a geothermal right within the area of a proposed geothermal management district, or on his own initiative, the State Engineer may establish a geothermal management district. The purpose of a district is to prevent the waste of the geothermal resource, maximize the economic recovery of a proven and delineated geothermal resource, and to protect vested or correlative water and geothermal rights. In such district, the State Engineer has the authority to control well spacing, to control the quantity of geothermal fluids extracted, to require the reinjection of the produced fluids, and to adopt plans for the most efficient use of geothermal energy.

13.2 Required Information The petition by a person or notice by the State Engineer for the establishment of a proposed geothermal management district shall include the following:

a. a description of the geothermal field to be managed, identifying the geothermal resource, its known geology and hydrology, and the energy which may be extracted;

b. a legal description and map of the geothermal field and the overlying land to be included in the management district;

c. a list of the owners and location of geothermal rights which will be included; and, any valid, prior water or geothermal rights which may be affected by the proposed district and a list of the owners of land on which those rights are located;

d. a comprehensive plan for the use of the geothermal resource and the type or nature of the administrative controls contemplated to maximize the economic recovery and prevent the waste of the resource. Such controls could consist of well spacing, allocation of production, or reinjection requirements;

e. a comprehensive plan for the equitable apportioning of the geothermal resources among the separately owned geothermal interests in the reservoir. The plan shall allocate an equitable and reasonable share of the geothermal resource to each owner;

f. requirements necessary for monitoring the extraction of the geothermal resource and for the protection of existing valid, prior water or geothermal rights in the area;

g. the time when the management district shall become effective, and the manner and circumstances under which the management district shall terminate;

h. provisions for amending the area and the operating criteria of the management district; and,

i. proposed name for the management district.

13.3 Creation of a Geothermal Management District Following the submittal of a petition to create a geothermal management district, the State Engineer shall evaluate the extent, geology and hydrology of the geothermal resource and the proposed district boundaries. Upon completing his review of the petition, the State Engineer shall determine whether there is sufficient information and basis to hold a hearing regarding the creation of the proposed district. Providing a hearing is held, upon completion of the hearing procedures, the State Engineer shall enter a written order based on the factual information presented. If the State Engineer determines there is insufficient information and basis to hold a hearing, he shall deny the petition and support such denial with written findings. A copy of the findings shall be sent to the person(s) who submitted the petition.

13.4 Delegation of Authority Any geothermal management district desiring to assume some or all of the State Engineer's authority granted in Section 37-90.5-108, C.R.S. (2003) for the administration of a geothermal resource shall submit a request in writing to the State Engineer. Such request shall document to the satisfaction of the State Engineer that the district has the organization, capability and resources to carry out the administration.

13.5 Special Field Rules- Specific rules may be adopted by the State Engineer for the operation of wells in a geothermal management district, which rules shall take precedence over a general rule promulgated herein.

Disclaimer: These regulations may not be the most recent version. Colorado may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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