Regulation of Geothermal Resources in Colorado

Regulation of Geothermal Resources in Colorado Derives from: State Statute Promulgated Rules

Regulation of Geothermal Resources in Colorado Statutes – 105 Statutes – 105 Describe the intent and objectives Describe the intent and objectives Prior appropriation system; applies but should be modified Prior appropriation system; applies but should be modified Definitions Definitions Geothermal fluid, geothermal resources Geothermal fluid, geothermal resources Ownership declarations Ownership declarations Public resource, rights do not derive from land ownership Public resource, rights do not derive from land ownership

Regulation of Geothermal Resources in Colorado Statutes , 107 Statutes , 107 Drilling permit requirements Drilling permit requirements Water well permit requirements Water well permit requirements

Regulation of Geothermal Resources in Colorado Statutes – Drilling Permits Statutes – Drilling Permits Geothermal well construction Requires a permit from the state engineer State engineer shall adopt rules Well construction Permit fees and processing Coordination with WQCC Conditional coordination with COGCC

Regulation of Geothermal Resources in Colorado Statutes – Water Well Permits Statutes – Water Well Permits Use of water is a beneficial use (2)(a) – Production of “geothermal fluid” from a well; permit from state engineer is required Does not apply to “nondiversionary” methods May be waived if “diversionary” method is “nonconsumptive”

Regulation of Geothermal Resources in Colorado Statutes – Water Well Permits Statutes – Water Well Permits State engineer must find: No material injury to a water right or a geothermal right, or Applicant can offset injury, or Applicant can offer replacement water If geothermal fluid is nontributary, its appropriation shall be in accordance with (4) (land area appropriation, no injury) (Likely not applicable) The water right from a permitted appropriation is for geothermal energy Provisions of articles 90 and 92 of title 37 apply Injury includes any diminution or alteration of quantity, temperature (with adverse effect), or quality of a right

Regulation of Geothermal Resources in Colorado SB changes SB changes Developer Responsibility Modification to temperature diminution standard for material injury

Regulation of Geothermal Resources in Colorado Statutes – Management Districts Statutes – Management Districts State engineer may adopt procedures for the formation of management districts State engineer authority Well spacing, production rates, quantity of geothermal fluid, adopt plan for use State engineer may delegate authority

Regulation of Geothermal Resources in Colorado Geothermal Rules – Rule 3, Scope and Purpose Geothermal Rules – Rule 3, Scope and Purpose 3.2 Permitting and construction of geothermal wells 3.2 Permitting and construction of geothermal wells 3.3 Standards for construction, testing, and operation of wells; and reinjection of geothermal fluids 3.3 Standards for construction, testing, and operation of wells; and reinjection of geothermal fluids

Regulation of Geothermal Resources in Colorado Rules – Rule 4, Definitions Rules – Rule 4, Definitions Definitions for specific terms are adopted Definitions for specific terms are adopted “Geothermal exchange system” “Geothermal exchange system” “Geothermal well” “Geothermal well” Well types Well types Other terms Other terms

Regulation of Geothermal Resources in Colorado Rules – Rule 6, Permit requirements Rules – Rule 6, Permit requirements Permit requirements Permit requirements Notice Notice Fees Fees Operational constraints Operational constraints Contractor certification Contractor certification

Regulation of Geothermal Resources in Colorado Rules – Rule 7, Contractor Certification Rules – Rule 7, Contractor Certification Rules – Rules 8 – 10, Construction Standards Rules – Rules 8 – 10, Construction Standards Rules – Rule 11, Plugging standards Rules – Rule 11, Plugging standards Rules – Rule 12, Recording Rules – Rule 12, Recording

Regulation of Geothermal Resources in Colorado Statutes – Management Districts Statutes – Management Districts State engineer may adopt procedures for the formation of management districts State engineer authority Well spacing, production rates, quantity of geothermal fluid, adopt plan for use State engineer may delegate authority

Regulation of Geothermal Resources in Colorado Management Districts – Requirements Management Districts – Requirements Understand the resource Cooperative approach Pool resources; economies of scale Data is a prerequisite Hydrogeology Extent of geothermal resource Hydraulic flow gradient Temperature, and vertical and horizontal gradient

Regulation of Geothermal Resources in Colorado Management Districts – Requirements Management Districts – Requirements Proceed in a “public resource” context Delineate the District

Regulation of Geothermal Resources in Colorado Management Districts – Requirements Management Districts – Requirements Agree on the objective Potential users Potential uses Balance benefits Against reasonable sustainability Among district members Ensure protection of prior valid rights, water and geothermal