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DWR_3552694
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Last modified
4/5/2020 2:01:07 PM
Creation date
12/31/2019 10:41:07 AM
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Template:
Rulemaking
Rule Name
Geothermal Rules (2CCR-402-10)
Document Type - Rulemaking
Final Actions
Subject
RULES AND REGULATIONS FOR PERMITTING THE DEVELOPMENT AND APPROPRIATION OF GEOTHERMAL RESOURCES THROUGH THE USE OF WELLS
Date Effective
9/30/2004
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Geothermal Rules <br />Effective Date: September 30, 2004 <br />water or geothermal rights that are located within one half ('/2) mile of the proposed well. <br />The notice shall be sent by certified mail, return receipt requested, and shall include a <br />copy of the permit application. The notice shall instruct the owners or operators that <br />they must submit a written objection to the State Engineer within forty-five (45) days of <br />their receipt of the notice if they are opposed to the proposed well construction. The <br />application shall specify whether the well will be used to explore or appropriate a <br />geothermal resource, and if so, specify the proposed production rate and disposal of a <br />geothermal fluid. Any secondary uses of a geothermal fluid or recovery of by-products <br />shall be identified in the application. The application shall be supplemented with <br />evidence showing that notice was given as provided above, and that the appropriation <br />meets the provisions of Section 37-90.5-107 (3) or (4), C.R.S. (2003), and: <br />a. if the geothermal fluid appropriated is from a nontributary source as <br />defined in section 37-90-103(10.5), C.R.S. (2003), the appropriation must <br />comply with the Statewide Nontributary Ground Water Rules, 2 CCR 402- <br />7 (1986); <br />b. if the well is located in the Denver Basin, the appropriation must comply <br />with the Denver Basin Rules, 2 CCR 402-6 (1985); <br />C. if the well is located in a Designated Ground Water Basin, the <br />appropriation must comply with the Ground Water Commission Rules, 2 <br />CCR 410-1 (1992). <br />6.2.2.5 A permit may require reinjection of a geothermal fluid if <br />necessary for the maintenance of the underground pressure and temperature, the <br />prevention of subsidence, or the disposal of brine, and/or to prevent material injury to <br />any valid, prior water or geothermal rights. <br />6.2.3 Application for a Type B Well - A permit application shall be submitted <br />prior to the construction or use of each Type B well, and the State Engineer shall give <br />notice to appropriate government agencies (see Rule 6.6). <br />6.2.3.1 The application for a Type B well shall specify the depth and <br />anticipated temperature of the geothermal fluid. <br />6.2.3.2 When the subsurface geologic or hydrologic conditions are not <br />known to the State Engineer, the applicant may be required to supplement the <br />application with geophysical, geological and hydrological information of the subject <br />area. <br />6.2.3.3 Prior to submitting an application, the applicant shall give <br />notice of the proposed well construction to the owners or operators of any valid, prior <br />water or geothermal rights that are located within one half ('/2) mile of the proposed well. <br />The notice shall be sent by certified mail, return receipt requested, and shall include a <br />copy of the permit application. The notice shall instruct the owners or operators that <br />they must submit a written objection to the State Engineer within forty-five (45) days of <br />12 <br />
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