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In 1981, the [http://www.le.utah.gov/UtahCode/section.jsp?code=73-22 Utah Geothermal Resource Conservation Act] established the provisions establishing the use of geothermal resources within the state of Utah. The Act’s legislative finding reads:
“It is declared to be in the public interest to foster, encourage, and promote the discovery, development, production, utilization, and disposal of geothermal resources in the State of Utah in such manner as will prevent waste, protect correlative rights, and safeguard the natural environment and the public welfare; to authorize, encourage, and provide for the development and operation of geothermal resource properties in such manner that the maximum ultimate economic recovery of geothermal resources may be obtained through, among other things, agreements for cooperative development, production, injection, and pressure maintenance operations.”
Geothermal resources are governed by correlative rights in Utah, meaning that the rights of each geothermal owner may produce their equitable share of the resource without waste and without infringing on the other’s rights underlying their geothermal area.
The [[Utah Division of Forestry, Fire and State Lands]] and, on specially designated lands, the [[Utah School and Institutional Trust Lands Administration]] will issue geothermal steam leases for the development of the geothermal resource below those lands. In addition, anywhere within the state, the developer will be required to file a permit to appropriate the geothermal fluids from the [[Utah Division of Water Rights]].
Overview of the permit or section being discussed.
==3-UT-a.1 – Geothermal Steam Lease, See Flowchart 3-UT-d==
Ownership of a geothermal resource is derived from an interest in land and not from any appropriate right to geothermal fluids or any mineral rights ([http://le.utah.gov/~code/TITLE73/htm/73_22_000400.htm UC 73-22-4]). Therefore, to obtain access to a geothermal resource in Utah on state lands, the developer should obtain a surface interest from the state in the form of a geothermal steam lease. This lease grants the lessee the right to the surface to develop the underlying geothermal resources. The process for obtaining a geothermal steam lease can be found in the following flowchart:
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/3-UT-d|Geothermal Steam Lease (Utah Non-Trust Lands): <br>3-UT-d]]</span>
==3-UT-a.2 – Water Access & Water Rights, See Flowchart 19-UT-a==
Although the ownership of geothermal resources is derived from the interest in land, the actual geothermal fluids are deemed by the state of Utah to be a special kind of undergroundwater resource ([http://le.utah.gov/~code/TITLE73/htm/73_22_000800.htm UC 73-22-8]). This water resource has the potential to affect other water resources of the state and is therefore regulated by the [[Utah Division of Water Rights]].
Geothermal owners must, “prior to the commencement of, or increase in, production from a well or group of wells to be operated in concert, file an application with the division to appropriate such geothermal fluids as will be extracted from the well or group of wells.” [http://le.utah.gov/~code/TITLE73/htm/73_22_000800.htm UC 73-22-8]. Utilization of geothermal fluids for their thermal content and subsurface injection or disposal is considered beneficial use of the water in Utah and geothermal projects are considered as any other use of water within the state by [[Utah Division of Water Rights | UDWR]]. Applications to appropriate the geothermal fluids will be approved if the [[Utah Division of Water Rights | UDWR]] finds that the applicant is the geothermal owner and that the proposed extraction of geothermal fluids will not impair existing rights to waters of the state.
<span class="btn btn-rapid btn-state">[[RAPID/Roadmap/19-UT-a|Water Access and Water Rights Issues: <br>19-UT-a]]</span>
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UFFSL [http://www.ffsl.utah.gov/sovlands/leases/leaseinfo.php Lease Information webpage];
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[http://www.le.utah.gov/UtahCode/section.jsp?code=73-22 UC 73-22] Utah Geothermal Resources Conservation Act;
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Surface ManagerSurface OwnerMineral ManagerMineral OwnerActivityEncroachmentEnvironmentalLocationLand Use PlanGeothermal LeaseHazardous WasteImpactsFacilityFundingManagedPlannedPower PlantTransmissionTransportation
DrillingExplorationGeophysicsLeasingPower Plant DevelopmentWell Abandonment
can be described as
CogenerationSmall Power ProductionIndependent Power ProductionWholesale CustomerFERC ExemptedFERC LicensedUnderground StorageAbove-Ground StorageTemporary Water RequirementPermanent Water RequirementDrinking Water Providing
ActiveNoApplicant Is Lessee
Capacity Exceeds 20 MWCapacity Under 20 MWCapacity Is 50 MWCapacity Exceeds 50 MWCapacity Under 100 MWPUC Certification
Historic PropertiesNative American Historic PropertyNative Hawaiian Historic PropertyNational Register Historic PropertyHistoric Property (Alteration)AirportMigratory BirdsBald Or Golden EagleMarine Mammals Or HabitatFederal Endangered SpeciesFarmland Or LivestockMilitary LandWaters Of The USNavigable WatersWild Or Scenic RiverWetlands By Dregging Or FillingGroundwater By DischargeStorm WaterWater Discharge To WellWater Discharge To LandWater Point Source DischargeWaste Water Associated With Only GeothermalReceived State 401 WQ CertHas Not Received 401 WQ CertAir QualityAir Quality From ConstructionAir Quality From OperationSolid Waste
Line Capacity Under 200 kVLine Capacity Exceeds 50 kVWithin NIETCCAISO GridExempt Per GO 131 D III B 1Not Exempt From CEQAPUC CertificationProject Under GO 131 D II B 2
Assessment CompletedImpact SignificantImpact Likely SignificantAnalysis Impacts AdverseAnalysis Impacts Not AdverseNo Best Interests FindingNo Categorical ExclusionNo Determination Of NEPA AdequacyPrior State AnalysisNo Prior State AnalysisProcess Not Complete For DrillingExtraordinary Circumstances
Interconnection AgreementPre-Application Process
State Highway ROW
Exceeds Max Length Or Load
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