Chapter 4 - Geothermal Resources

California Public Resources Code — §§ 3700-3776

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Amended by Stats. 1967, Ch. 1398.

It is hereby found and determined that the people of the State of California have a direct and primary interest in the development of geothermal resources, and that the State of California, through the authority vested in the State Oil and Gas Supervisor, should exercise its power and jurisdiction to require that wells for the discovery and production of geothermal resources be drilled, operated, maintained and abandoned in such manner as to safeguard life, health, property, and the public welfare, and to encourage maximum economic recovery.

Amended by Stats. 1967, Ch. 1398.

For the purposes of this chapter, “geothermal resources” shall mean geothermal resources as defined in Section 6903 of this code.

Amended by Stats. 1971, Ch. 1213.

For the purposes of this chapter, “geothermal resources area” means the same general surface area which is underlaid, or reasonably appears to be underlaid, by geothermal resources.

Amended by Stats. 1967, Ch. 1398.

“Well” means any well for the discovery of geothermal resources or any well on lands producing geothermal resources or reasonably presumed to contain geothermal resources, or any special well, converted producing well or reactivated or converted abandoned well employed for reinjecting geothermal resources or the residue thereof.

Amended by Stats. 1988, Ch. 1077, Sec. 11.

“Low-temperature geothermal resources” are fluids that have value by virtue of the heat contained therein and have a temperature that is not more than the boiling point of water at the altitude of occurrence.

Added by Stats. 1965, Ch. 1483.

“Department”, in reference to the government of this state, means the Department of Conservation.

Amended by Stats. 2019, Ch. 771, Sec. 16. (AB 1057) Effective January 1, 2020.

“Division,” in reference to the government of this state, means the Geologic Energy Management Division in the Department of Conservation.

Added by Stats. 1965, Ch. 1483.

“Director” means the Director of Conservation.

Added by Stats. 1965, Ch. 1483.

“Supervisor” means the State Oil and Gas Supervisor.

Added by Stats. 1965, Ch. 1483.

“Person” includes any individual, firm, association, corporation, or any other group or combination acting as a unit.

Added by Stats. 1965, Ch. 1483.

“Operator” means any person drilling, maintaining, operating, pumping, or in control of any well.

Added by Stats. 1965, Ch. 1483.

“Owner” includes “operator” when any well is operated or has been operated or is about to be operated by any person other than the owner.

Added by Stats. 1965, Ch. 1483.

“Operator” includes “owner” when any well is or has been or is about to be operated by or under the direction of the owner.

Amended by Stats. 1992, Ch. 999, Sec. 20. Effective January 1, 1993.

This chapter shall be liberally construed to meet its purposes, and the director and the supervisor, acting with the approval of the director, shall have all powers which may be necessary to carry out the purposes of this chapter, including the authority to adopt rules and regulations.

Amended by Stats. 1970, Ch. 117.

The State Oil and Gas Supervisor shall so supervise the drilling, operation, maintenance and abandonment of geothermal resources wells as to encourage the greatest ultimate economic recovery of geothermal resources, to prevent damage to life, health, property, and natural resources, and to prevent damage to, and waste from, the underground geothermal deposits, and to prevent damage to underground and surface waters suitable for irrigation or domestic purposes by reason of the drilling, operation, maintenance, and abandonment of geothermal resources wells.

Added by Stats. 1972, Ch. 1102.

The supervisor, pursuant to regulation, shall designate geothermal resources areas and may exclude from the operation of this chapter certain wells within such geothermal resources areas when there is no probability of encountering geothermal resources.

Amended by Stats. 1967, Ch. 1398.

The supervisor shall also supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of such wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources and which, in the opinion of the supervisor, are suitable for such purpose in each proposed case. In order to further the elimination of waste by increasing the recovery of geothermal resources it is hereby declared as a policy of this state that the grant in a geothermal resources lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all

geothermal resources from any lands in the State of California, in the absence of an express provision to the contrary contained in such lease or contract, is deemed to allow the lessee or contractor or his successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interest of the lessor, lessee and the state, in producing and removing geothermal resources; provided, however, nothing contained in this section imposes a legal duty upon such lessee or contractor, his successors or assigns, to conduct such operations.

Amended by Stats. 2024, Ch. 678, Sec. 1. (AB 1359) Effective September 27, 2024.

(a)For the purposes of the California Environmental Quality Act (commencing with Section 21000), the division shall be the lead agency as defined in Section 21067 for all geothermal exploratory projects as defined in Section 21065.5.
(b)(1) The division may delegate its lead agency responsibility under this section to a county that has adopted a geothermal element, as defined in Section 25133, for its general plan.
(2)Upon the request of an applicant, the county in which a geothermal exploratory project is located, regardless of whether the county has adopted a geothermal element for its general plan, shall assume responsibilities of a lead agency, as defined in Section 21067, for the project. The applicant shall make the request to the county and the division.
(c)If a county assumes lead agency responsibility pursuant to subdivision (b), the county and the division shall confer regarding necessary information that should be included in the environmental review for the project to facilitate the division’s exercise of its authority as a

responsible agency, as defined in Section 21069.

(d)The provisions of this section shall not apply to geothermal exploratory projects, as defined in Section

21065.5, where, before January 1, 1979, preparation of an environmental impact report for

a geothermal exploratory project has begun or an application for a geothermal exploratory project

that will require preparation of an environmental impact report has been filed.

Amended by Stats. 1988, Ch. 1077, Sec. 12.

The district deputy in each district shall collect all information regarding the wells in the district necessary for the proper supervision of the wells. The district deputy shall prepare maps and other accessories necessary to determine the underground conditions in a geothermal area and the location and extent of strata bearing water suitable for irrigation or domestic purposes or surface water suitable for those purposes. This work shall be done with the view to advising the operators as to the best means of protecting the geothermal resource deposits and the water-bearing strata and surface water, and with a view to aiding the supervisor in ordering

tests or repair work at wells. All the data shall be kept on file in the office of the district deputy of the respective district, and copies thereof shall be available, upon request, to the Director of Water Resources, the State Geologist, and the appropriate California regional water quality control board located in the area involved, subject to Section 3752.

Amended by Stats. 1988, Ch. 1077, Sec. 13.

Upon request, the supervisor shall notify the Department of Fish and Game and the California regional water quality control board in the area affected of the location and abandonment of geothermal wells.

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