§22-33-1. Short Title
This article shall be known and cited as the Geothermal Resources Act.
§22-33-10. Appeal to Environmental Quality Board
Any person aggrieved or adversely affected by an action, decision, or order of the secretary made and entered in accordance with the provisions of this article may appeal to the Environmental Quality Board pursuant to the provisions of 22B-1-1 et seq. of this code.
§22-33-11. Judicial Review
Any person or the secretary aggrieved or affected by a final order of the Environmental Quality Board is entitled to judicial review thereof pursuant to the provisions of 29B-1-9 of this code.
§22-33-12. Rulemaking
The secretary shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code to implement and carry out the provisions of this article.
§22-33-2. Legislative Findings; Declaration of Policy
(a) The Legislature finds that: (1) A geothermal resource is a reservoir inside the Earth from which heat can be extracted economically compared to other conventional sources of energy and used for generating electric power or any other suitable industrial, commercial, agricultural, residential, or domestic application in the future;
§22-33-3. Applicability; Exceptions
The provisions of this article shall apply to geothermal resources at temperatures and volumetric flow rates established by the secretary by legislative rule: Provided, That this article shall not apply to geothermal heating and cooling heat pump systems for private residential dwellings and farm buildings and any geothermal system regulated pursuant to section 10 of […]
§22-33-4. Ownership of Geothermal Resources
(a) Ownership of any geothermal resource is vested in the owner of the surface property overlying the geothermal resource unless severance of the geothermal resource is clear and unambiguous in an instrument conveying or reserving ownership of the geothermal resource. (b) No mineral or water estate shall be construed to include any geothermal resource unless […]
§22-33-5. Definitions
As used in this article: (a) “Correlative right” means the right of each geothermal owner in a geothermal system to produce without waste his or her just and equitable share of the geothermal resource in the geothermal system. (b) “Geothermal energy” means the usable energy that is produced or that can be produced from a […]
§22-33-6. Geothermal Resources Permit Required
It is unlawful for any person to commence any work relating to the exploration, development, or production of geothermal resources without first obtaining a well permit from the secretary pursuant to this article.
§22-33-7. Jurisdiction of the Secretary; Powers and Duties; Geothermal Resources Regulatory Program
(a) The secretary is vested with jurisdiction over all aspects of this article and has the exclusive authority to perform all acts necessary to implement this article. (b) The secretary shall develop a regulatory program for the exploration, development, and production of geothermal resources in this state. The regulatory program promulgated by the secretary shall […]
§22-33-8. Civil Penalties
Any person who knowingly violates any provision of this article or rule promulgated hereunder or order or permit issued pursuant to this article is a liable for a civil penalty of not less than $100 nor more than $500 for each violation.
§22-33-9. Administrative Orders; Injunctive Relief
(a) When the secretary determines, on the basis of any information, that a person is in violation of any requirement of this article or rule promulgated thereunder, the secretary may issue an order stating with reasonable specificity the nature of the violation and requiring compliance within a reasonable specified time period, or the secretary may […]