DWR_3552694

• 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

Geothermal Rules
Effective Date: September 30, 2004
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.
RULE 4 DEFINITIONS
4.1 Statutory Definitions - The terms listed below are defined by statute and have
the identical meaning as in the referenced statutes:
4.1.1 Colorado Geothermal Resources Act, Section 37-90.5-103, C.R.S.
(2003): Geothermal By -Products, Geothermal Fluid, Geothermal Resource, Hot Dry
Rock, and Material Medium.
4.1.2 Section 37-91-102, C.R.S. (2003): Board, Ground Water,
Installation of Pumping Equipment, Person, Repair, Well Construction Contractor, and
Well Seal.
4.1.3 Colorado Ground Water Management Act, Section 37-90-103,
C.R.S. (2003): Nontributary Ground Water, and Waste.
2