DWR_3552703

• Rule Name: Geothermal Rules ‎(2CCR-402-10)‎
• Document Type - Rulemaking: Final Actions
• Subject: STATEMENT OF BASIS AND PURPOSE FOR 2004 GEOTHERMAL RULES
• Date Effective: 9/30/2004

Geothermal Rules
Statement of Basis and Purpose
extracted from a proven geothermal field, and to adopt comprehensive plans for the most
efficient use of the geothermal resource.
Rule 13.1 is intended to prevent speculative petitions for areas with an undefined
geothermal resource of unknown economic value and ensure that only the State Engineer
and those persons likely to develop a delineated geothermal resource, or likely to be
affected by such development in a proven geothermal area, are allowed to request the
establishment of a geothermal management district. Rule 13.2 establishes criteria that
are necessary and must be considered for the formation of a geothermal management
district.
In view of the varied hydrologic and geologic conditions of geothermal resources in
Colorado, and in order to accommodate any valid, prior water or geothermal rights, Rule
13.3 provides for the creation of a geothermal management district through a hearing
process governed by the Administrative Procedures Act (APA). A hearing for the
formation of a geothermal management district may be initiated by the State Engineer
upon his own motion or by a proposal from any interested person if, in the State
Engineer's evaluation of the contents of the proposal, he finds that there is sufficient
information to indicate that the quantity, quality and boundaries of the geothermal
resource are reasonably known and that production of the resource may be best
accomplished through the formation of a district.
Rule 13.4 provides a means of transferring certain authority from the State Engineer to a
geothermal management district that can demonstrate the organization, capability and
resources to administer the management plan. Transfer of authority to a geothermal
management district is limited to the functions specified in section 37-90.5-108(1)(a), (b),
and (c). The State Engineer may transfer all or part of the stated authorities.
In the development and production of the geothermal resource within a management
district, it may be advantageous to adopt special rules for administration and development
of the resource. Rule 13.5 provides for the adoption of special field rules by the State
Engineer. Special field rules will be adopted in accordance with the APA and the State
Engineer's Procedural Rules, 2 CCR 402-5, when it is determined by the State Engineer
that such rules are desirable or necessary.
RULE 14 VARIANCES
These Rules address the minimum permit requirements and construction standards for a
geothermal well. Some of these standards may not be applicable under the varied
hydrologic and geologic circumstances or the particular needs of an applicant. The need
for different standards, use of alternate materials, equipment or techniques not specified
by these Rules is recognized. This Rule allows the well construction contractor or
certified individual the right to request an alternate proposal to be considered by the State
Engineer.
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