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Geothermal Water Access and Water Rights Overview (19)

Information current as of 2024
Water access and water rights are predominantly governed by state law. A developer may require water for such uses as dust suppression for roads, construction activities, drilling operations, extraction of geothermal resources, plant cooling operations, etc.


Depending on the situation and demands of a project a developer may seek water from a lease-holder, a municipality, or a permanent water right. Water rights are typically divided into groundwater rights and surface water rights.

In the western United States, surface water rights are most often governed by a system of prior appropriation, which allocates rights by priority based on the date of application to a beneficial use; first in time, first in right. While in the eastern United States, surface water rights are governed by a system of riparian rights, which allocates rights based on property ownership adjacent to a body of water.



Water Access and Water Rights Overview Process


19.1 to 19.3 - Will Water Be Required for the Project?

The project may require water for such activities as dust suppression, site construction, well development, well operations, injection, etc.

Alaska

In Alaska, geothermal developers may need a water right from the Alaska Department of Natural Resources. For more information, see: Water Access and Water Rights Overview:
19-AK-a

Arizona

In Arizona, a developer may need to obtain permits from the Arizona Department of Water Resources (ADWR) to utilize surface and groundwater. For more information, see:

Water Access and Water Rights:
19-AZ-a

California

In California, geothermal developers may need a water right from the California State Water Resources Control Board. For more information, see:

Water Access and Water Rights Overview:
19-CA-a

Colorado

In Colorado, geothermal developers may need a water right from the Colorado Division of Water Resources. For more information, see: Water Access and Water Rights Overview:
19-CO-a

Hawaii

In Hawaii, geothermal developers may need a Surface Water Use Permit from the Hawaii Department of Land and Natural Resources Commission on Water Resource Management. For more information, see:

Surface Water Use Permit:
19-HI-a

Idaho

In Idaho, geothermal developers may need a water right from the Idaho Department of Water Resources. For more information, see:

Water Access and Water Rights:
19-ID-a

Louisiana

In Louisiana, geothermal developers may need a water right from the Louisiana Department of Natural Resources. For more information, see:

Water Access & Water Rights:
19-LA-a

Montana

In Montana, geothermal developers may need a water right from the Montana Department of Natural Resources & Conservation. For more information, see:

Water Access & Water Rights Issues:
19-MT-a

New Mexico

In New Mexico, geothermal developers may need a water right from the New Mexico Office of the State Engineer. For more information, see:

Water Access and Water Rights Overview:
19-NM-a

Nevada

In Nevada, geothermal developers may need a water right from the Nevada Division of Water Resources. For more information, see:

Water Access and Water Rights Issues:
19-NV-a

Oregon

In Oregon, geothermal developers may need a water right from the Oregon Water Resources Department. For more information, see:

Water Access & Water Rights Issues:
19-OR-a

Texas

In Texas, geothermal developers may need a water right from the Texas Commission on Environmental Quality. For more information, see:

Water Access and Water Issues Overview:
19-TX-a

Utah

In Utah, geothermal developers may need a water right from the Utah Division of Water Rights. For more information, see:

Water Access and Water Rights Issues:
19-UT-a

Washington

In Washington, geothermal developers may need a water right from the Washington State Department of Ecology. For more information, see:

Water Access and Water Rights Overview:
19-WA-a

  

West Virginia

In West Virginia, a geothermal developer may need to obtain a permit from the West Virginia Department of Environmental Protection in order to protect all water resources of the state. W. Va. Code § 22-33-7(b)10. For more information, see:

Water Access and Water Rights:
19-WV-a