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
5 - General Rules

Universal Citation: 2 CO Code Regs 402-10 ยง 5

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

5.1 Protection of Life, Health, and the Environment - All geothermal exploration, well construction, flow testing, production and reinjection shall be conducted in a manner that will:

a. afford reasonable protection for human life and health and for the environment;

b. contain underground fluids to the reservoirs in which they occur with the exception of the producing reservoir; and,

c. prevent the waste of the geothermal resource.

5.2 Knowledge of Rules - It shall be the responsibility of all geothermal well owners, operators and constructors to obtain information pertaining to the regulation of geothermal resources before beginning construction operations. These Rules provide minimum standards for the construction and operation of geothermal wells and they do not preclude the use of higher standards or better grade materials. The owner, operator and constructor shall be responsible for knowing and complying with applicable federal, state, and local statutes, rules and codes.

5.3 Entry Upon Property - The State Engineer and his duly authorized representatives have the authority and duty to enter upon, and to order the well owner or operator to permit the entry upon, private property at any reasonable time to inspect the various means or proposed means of appropriation, transportation, reinjection, and extraction; to observe well construction and plugging and the uses or proposed uses of the geothermal resource; and to read meters, gauges, and other measuring devices.

5.4 Training and Safety Equipment - When hazardous conditions or contaminants are known or suspected to be encountered during well construction, personnel shall be adequately trained and proper safety equipment provided to handle and contain the hazard.

5.5 Vertical Boreholes - Unless directional drilling has been specifically approved by the State Engineer, all boreholes shall be constructed so that the horizontal deviation of the borehole from its surface location is a practical minimum at all times. The sidetracking of the borehole due to adverse drilling conditions shall not be considered as directional drilling as long as the borehole does not deviate more than two hundred (200) feet from the permitted surface location and meets the spacing constraints of these Rules.

5.6 Directional Drilling - Notice shall be given to and approval obtained from the State Engineer prior to any directional drilling operations intended to deflect the borehole horizontally from the surface location of the well or borehole. The notice shall clearly state the exact surface location of the well or borehole, the proposed depth, the proposed direction of deflection, and the proposed course of the deviated borehole. Within sixty (60) days after constructing the well or borehole, the owner or operator shall submit to the State Engineer an accurate and complete directional survey.

5.7 Multiple Completion of a Well - The construction of a geothermal well for the simultaneous extraction of geothermal resources from more than one reservoir shall not be approved by the State Engineer unless the following conditions are met:

a. an application is submitted to the State Engineer setting forth all material facts involved and the proposed manner and method of construction. The application shall include a diagram of the mechanical installations showing how the resource will be extracted separately from each reservoir and the appropriations measured;

b. prior to submitting an application, the applicant shall give notice of the proposed multiple completion to the owners or operators of any valid, prior water or geothermal rights that are located within one half (1/2) mile of the proposed well. The notice shall be sent by certified mail, return receipt requested, and shall include a copy of the permit application. The notice shall instruct the owners or operators that they must submit a written objection to the State Engineer within forty-five (45) days of their receipt of the notice if they are opposed to the proposed multiple completion. Evidence that this notice was given shall be submitted with the permit application; and,

c. if no objection to the multiple completion is filed within forty-five (45) days and if the State Engineer finds that the production from each reservoir can be identified and measured and that circumstances in a particular instance so warrant, he shall issue the permit. If an objection is filed, the State Engineer shall hold a hearing to determine whether circumstances in the particular instance warrant issuing a permit.

5.8 Unattended Open Wells - All geothermal wells, when unattended during construction or repair, shall be securely capped, covered or sealed to prevent objects or fluids from entering the well.

5.9 Well Identification - All Type B geothermal wells constructed pursuant to these Rules shall be marked by the owner in a conspicuous place with the owner's or operator's name, name of lease (if applicable), permit number of the well, name of the reservoir, the well designation given by the owner (if used), and legal description of the well. The owner shall take all necessary means and precautions to preserve and maintain these markings. A permanent sign shall be installed within sixty (60) days after the completion of the well.

5.10 Installation of Measuring Devices - The State Engineer and his authorized representatives have the authority to order the owner of a geothermal well to install and maintain meters, gauges, or other measuring devices and to report the readings of such meters, gauges, or measuring devices.

5.11 Well Testing - A flow test of each Type A-OS or Type B geothermal well shall be conducted for a continuous period of not less than seventy-two (72) hours unless the State Engineer specifies or approves a different period of time. The flow testing of any geothermal well shall not exceed a cumulative total of seven (7) days unless the State Engineer has granted prior written approval of additional testing. The State Engineer may impose other test requirements as deemed necessary. Copies of any temperature records and any fluid sample analyses obtained from the testing of geothermal wells shall be submitted with the Well Construction and Test Report (see Rule 12.7) or a plugging report (see Rule 12.12).

5.12 Discharge of Geothermal Fluids - An owner or operator of a geothermal well is responsible for being knowledgeable about, and complying with, regulations for discharge (as defined in Rule 4.2.11). All geothermal fluids produced by a well shall be disposed of in such a manner as to protect the environment and the public health. The well owner shall be responsible for obtaining and maintaining any discharge permits required by the Colorado Water Quality Control Division. (Note: Disposal of geothermal discharges to a sanitary or storm sewer may require approval from the owner or operator of the sewer system. Disposal of geothermal discharges into an individual sewage disposal system requires that the system has been specifically designed and approved for such disposal).

5.13 Tests and Surveys - When deemed necessary or advisable, the State Engineer has authority to require the well owner or operator to test for waste or contamination from a geothermal well. When requiring such tests or surveys, the State Engineer shall designate the time allowed for compliance, which deadline shall prevail over any other time provisions in these Rules.

5.14 Noncompliant Conditions - The well owner or operator shall notify the State Engineer within five (5) working days after the discovery of noncompliant conditions, or a violation of the terms and conditions of a permit. Notice shall be given to the State Engineer immediately upon discovery in the event of any fire, break or leak when the public health and safety or the environment are endangered, and the noncompliant condition or violation shall be corrected immediately. The notice shall contain the following information:

a. the permit number and name of the well;

b. a description of the violation and its cause;

c. the duration of the violation, including dates and times; if not corrected or use of the well discontinued, the anticipated time of correction; and,

d. steps being taken to reduce, eliminate, and prevent recurrence of the violation.

5.15 Well Repairs - All well repairs shall comply with the standards for new wells as established by these Rules. Owners or operators of Type A-OS, Type B, or reinjection wells shall provide a written repair plan to the State Engineer, and obtain State Engineer approval of the plan prior to commencing the repairs.

5.16 Corrective Action and Well Plugging - The State Engineer shall require corrective action in a manner or method approved by him of any condition that is causing or is likely to cause waste or contamination, or is threatening the public health and safety, and the environment. When deemed necessary by the State Engineer, the owner of a geothermal well shall be responsible for plugging the well in accordance with these Rules. Any order issued by the State Engineer requiring corrective action or the plugging of a geothermal well, shall specify the time period to complete the correction or plugging.

5.17 Waste Prohibited - The production or handling of geothermal resources, or the handling of products thereof, in such a manner or under such conditions or in such an amount as to constitute or result in waste is hereby prohibited.

5.18 Priority for a Geothermal Resource - A permit issued by the State Engineer pursuant to these Rules does not grant a priority for a geothermal right. A priority for a geothermal resource must be obtained in Water Court and is subject to the provisions of Article 92 of Title 37,C.R.S. (2003).

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.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.