Oregon Statutes 522.815 – Rules by board; scope; adoption; notice
(1) In accordance with the rulemaking provisions of ORS Chapter 183, the governing board of the State Department of Geology and Mineral Industries may adopt rules necessary to conserve geothermal resources or other natural resources, or to protect the environment, the correlative rights of any person having an ownership interest in the affected land or resource, or beneficial uses of water, or to accomplish the efficient and economical development of a geothermal reservoir. The rules shall include a description of the geothermal reservoir and the overlying land and may also include provisions for the following:
Terms Used In Oregon Statutes 522.815
- Board: means the governing board of the State Department of Geology and Mineral Industries. See Oregon Statutes 522.005
- Correlative rights: means the right of each owner in a geothermal area to obtain that owner's just and equitable share of the underlying geothermal resource, or an economic equivalent of that share of the resource, produced in a manner and in an amount that does not injure the reservoir to the detriment of others. See Oregon Statutes 522.005
- Department: means the State Department of Geology and Mineral Industries. See Oregon Statutes 522.005
- Drilling: includes drilling, redrilling and deepening of a geothermal well. See Oregon Statutes 522.005
- Geothermal resources: means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or that may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:
(a) All products of geothermal processes, including indigenous steam, hot water and hot brines;
(b) Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;
(c) Heat or other associated energy found in geothermal formations; and
(d) Any by-product derived from them. See Oregon Statutes 522.005
- Geothermal well: includes any excavation made for producing geothermal resources and any geothermal reinjection well. See Oregon Statutes 522.005
- Land: means both surface and mineral rights. See Oregon Statutes 522.005
- Operator: means the person:
(a) Who possesses the legal right to drill a geothermal well;
(b) Who has obtained a drilling permit pursuant to ORS § 522. See Oregon Statutes 522.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Reservoir: means an aquifer or combination of aquifers or zones containing a common geothermal or ground water resource. See Oregon Statutes 522.005
(a) Division of a geothermal reservoir into zones;
(b) Establishment of spacing units including a description of the location, size and shape of such spacing units;
(c) The integration of separately owned tracts or interests within a spacing unit for the development and operation of the spacing unit and the sharing of production therefrom;
(d) The protection of existing and future beneficial uses of water;
(e) Maintaining the renewability of geothermal resources and any other natural resources; and
(f) Any additional provisions the board deems necessary for carrying out the provisions of this chapter or for protecting the public health, safety and welfare.
(2) Any rule adopted under this section may in the board’s discretion supersede any right or privilege previously granted by or previously entered by the board with respect to such reservoir and may be amended in accordance with the rulemaking provisions of ORS Chapter 183 as appears necessary to the board to further the policy stated in ORS § 522.015.
(3) Any proceeding under this section shall be conducted as a rulemaking proceeding in accordance with ORS Chapter 183 unless an interested party requests that it be conducted as a contested case in accordance with ORS Chapter 183. In either event, notice shall be given in accordance with the requirements of ORS Chapter 183. Notice shall always be given to the following persons:
(a) Any operator who has a drilling permit issued pursuant to ORS § 522.135 or has a legal right to operate a completed geothermal well in the geothermal reservoir; and
(b) Any person who has an ownership interest in the geothermal reservoir. [1975 c.552 § 43; 1981 c.588 § 5; 1981 c.694 § 11]
PROHIBITED ACTS