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
3 - Scope And Purpose
Current through Register Vol. 47, No. 17, September 10, 2024
3.1 All geothermal resources of the State of Colorado shall be administered by the State Engineer. The State Engineer recognizes that these resources are developed for their thermal attributes and that management of geothermal resources is necessary to maximize beneficial use and prevent waste of these resources. The Rules promulgated herein are required to enable the State Engineer to carry out the provisions of the Colorado Geothermal Resources Act, Sections 37 90.5 101 et seq, C.R.S. (2003).
3.2 Geothermal resources are most often developed through the construction of wells and boreholes. These Rules apply to the permitting and construction of geothermal wells and for the assessment of application fees pursuant to Section 37 90.5 106, C.R.S. (2003), and these Rules. Their purpose is to make the submission, consideration and evaluation of permit applications more uniform and certain. The granting of permits also provides the State Engineer the means to monitor and record the development and uses of geothermal resources.
3.3 These Rules establish minimum standards for the construction, testing, operation, and plugging of geothermal wells, and the reinjection of geothermal fluids in order to protect the public health, safety and welfare, and to prevent the contamination of the environment and the waste of geothermal resources.
3.4 Pursuant to Section 37 90.5 107, C.R.S. (2003), the appropriation of geothermal fluids to recover geothermal resources is recognized as a beneficial use of ground water. These Rules provide for the submission and evaluation of permit applications to construct geothermal wells and appropriate geothermal fluids from wells in order to prevent injury to valid, prior water or geothermal rights. These Rules also provide for the recording of existing wells used for the extraction of geothermal resources.
3.5 These Rules define the State Engineer's authority to monitor and observe the use of geothermal resources and to require the installation of measuring devices to prevent injury to valid, prior water or geothermal rights and waste of the resource, and to provide the means for enforcing these Rules.
3.6 These Rules establish procedures for the formation of geothermal management districts as provided for in Section 37 90.5 108, C.R.S. (2003), and for the setting of standards for controlling well spacing, production rates and requiring reinjection of produced fluids in such districts.
3.7 These Rules do not apply to the diversion of waters from natural surface streams, or naturally flowing springs, or to the discharge (as defined in Rule 4.2.11) of geothermal fluids.
3.8 These Rules do not apply to water wells permitted pursuant to Articles 90 and 92 of Title 37, C.R.S. (2003), or to those wells subject to the jurisdiction of the Oil and Gas Conservation Commission, or to those wells subject to the jurisdiction of the Mined Land Reclamation Board.
