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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 />6.5.1 Replacement of a Type A -OS or Type B Geothermal Well - A <br />replacement well shall be constructed within two hundred (200) feet of the original well <br />and shall be constructed to produce from the same reservoir and serve the same <br />purposes as the original well. In the event that the original existing well does not meet <br />the spacing requirements specified in these Rules, the construction of the replacement <br />well shall not worsen the current spacing conditions. The replaced well shall be <br />plugged upon completion of the replacement well, and a plugging report submitted <br />pursuant to Rule 12.12. <br />6.6 Notice to Other Agencies - Notice of any application, permit, order, or other <br />action received or issued by the State Engineer may be given to any other government <br />agency which may have information, comments, or jurisdiction over the well or activity <br />involved. The State Engineer may enter into a memorandum of understanding with <br />other agencies to eliminate duplication of applications or other efforts. At a minimum, <br />copies of an application will be provided by the State Engineer to the following agencies <br />for review and comment: <br />a. Type B geothermal well to the Colorado Oil and Gas Conservation <br />Commission; <br />b. geothermal reinjection well to the Colorado Water Quality Control <br />Commission and the U.S. Environmental Protection Agency; and, <br />C. Type A -OS or Type B geothermal well located in Designated Ground <br />Water Basins to the Colorado Ground Water Commission. <br />A response from other government agencies must be received within sixty (60) <br />days. The State Engineer shall consider comments in deciding whether to issue a <br />permit, and may incorporate such comments as conditions of a permit. <br />6.7 Expiration of Permit - A permit to construct a well shall expire one (1) year after <br />being issued unless the constructor submits a Well Construction and Test Report. A <br />permit to use an existing well shall not have an expiration date. A permit may be <br />extended, if, prior to such expiration, a request to extend the permit is received by the <br />State Engineer. A written extension request shall be submitted by the owner or <br />operator, and shall provide reasons for not completing the well construction, an estimate <br />of time necessary to complete construction of the well and a filing fee as set forth in <br />Rule 6.3. A permit for a certified individual is valid for one (1) year. A permit must be <br />obtained yearly by a certified individual prior to the completion of loop fields for <br />geoexchange systems (see Rule 6.1.1.1). <br />6.8 Permit Denial — When denying a permit, the State Engineer shall state the <br />reasons for the denial in writing. The permit application and the denial shall be filed and <br />preserved by the State Engineer. A copy of the denial shall be sent to the applicant. <br />6.9 Hearing and Appeal - Any person aggrieved by a decision of the State Engineer <br />pursuant to these Rules may, within sixty (60) days after such decision, petition for a <br />16 <br />
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