§ 37-90.5-101. Short Title

This article shall be known and may be cited as the “Colorado Geothermal Resources Act”. Source: L. 83: Entire article added, p. 1419, § 1, effective June 10.

§ 37-90.5-102. Legislative Declaration

The general assembly hereby declares that: The development of geothermal resources is in the public interest because it enhances local economies and provides an alternative to conventional fuel sources; The development of geothermal resources should be undertaken in such a manner as to safeguard life, health, property, public welfare, and the environment and to encourage […]

§ 37-90.5-103. Definitions

As used in this article, unless the context otherwise requires: “Direct use” means the utilization of geothermal resources for commercial, residential, agricultural, public facilities, or other energy needs other than the commercial production of electricity. (1.5) “Geothermal by-products” means dissolved or entrained minerals and gases that may be obtained from the material medium, excluding hydrocarbon […]

§ 37-90.5-104. Ownership Declaration

Where a geothermal resource is found in association with geothermal fluid which is tributary groundwater, such geothermal resource is declared to be a public resource to which usufructuary rights only may be established according to the procedures of this article. No correlative property right to such a geothermal resource in place is recognized as an […]

§ 37-90.5-105. Access – Reasonable Accommodation

Geothermal leases may be awarded by the state board of land commissioners for lands under its jurisdiction through negotiation or by competitive bidding, but no such lease may be awarded prior to a public notice period of thirty-five days. Where the property right to a severable geothermal resource has been severed, reserved, or transferred with […]

§ 37-90.5-106. Drilling Permits – Reinjection

Repealed. Effective July 1, 2006, prior to constructing a geothermal resource exploration, production, or reinjection well, a permit shall be obtained from the state engineer. The state engineer shall adopt such rules as are necessary to protect the public health, safety, and welfare and the environment and to prevent the waste of any geothermal resource. […]

§ 37-90.5-107. Relationship to Water – When Permit Required

The use of water as a material medium is recognized as a beneficial use of such water. All applications to appropriate groundwater in order to utilize its geothermal energy shall be considered an application to appropriate geothermal fluid. Prior to the production of geothermal fluid from a well, other than for flow-testing purposes, a permit […]

§ 37-90.5-108. Geothermal Management Districts

The state engineer may adopt procedures under which geothermal management districts may be established. In such districts, the state engineer has the authority to: Control well-spacing and production rates; Control the quantity of geothermal fluid extracted from geothermal resources by such methods and procedures as he deems appropriate, including requirements to reinject; Adopt a comprehensive […]