UtahS.B. 212026 General SessionSenate

Geothermal Amendments

Sponsored By: Michael K. McKell (Republican)

Signed by Governor

Trust LandsEnergyNatural ResourcesPublic LandsWater RightsState EngineerWater

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 0 benefits, 0 costs, 6 mixed.

Surface owners hold geothermal resource rights

Beginning May 6, 2026, surface owners hold geothermal resource rights outside school and institutional trust lands. This applies even when mineral rights were sold separately. A recorded deed or other document transferring title can expressly transfer or reserve geothermal rights.

Broader geothermal coverage, with water-right limits

Beginning May 6, 2026, Utah lowers its geothermal temperature threshold from above 120°C to above 100°C. The resource definition includes energy from conventional hydrothermal, enhanced geothermal, and advanced geothermal systems. Geothermal fluid is defined separately as water and steam above 100°C, not as part of the geothermal resource. People using geothermal fluid need a water right, subject to the exception in Section 73-22-8.

Geothermal operators face approvals and safeguards

Beginning May 6, 2026, the Division of Water Rights can require well and producing-lease identification, reports, and well records. It can require advance notice and approval for drilling, redrilling, repairs, casing changes, testing, maintenance, abandonment, and other well changes. It can set construction, spacing, testing, operating, and abandonment safeguards against pollution, leaks, reservoir cooling, blowouts, cave-ins, and harm to neighbors. When required, operators must measure production and keep accurate records for five years, available for Division review at reasonable times. Resources cannot escape into other underground layers unless allowed by a Division-approved injection program.

Geothermal operators face surety bond requirements

Beginning May 6, 2026, the Division of Water Rights can require surety bonds for new or redrilled abandoned wells. It sets a reasonable amount, and operators can use one blanket bond instead of separate well bonds. Surety bonds replace the prior cash-or-surety options and secure the state against costs of bringing wells into compliance. With Division consent, a bond can end after proper abandonment of covered wells or replacement with another valid bond.

Geothermal records become public after protection

Beginning May 6, 2026, filed geothermal well logs and records are public unless owners or operators request protection in writing. The Division sets protection periods, which cannot exceed the earliest applicable deadline. The limits are five years from production or non-testing injection, or two years from abandonment. Another limit is two years after completing a monitoring, exploration, investigation, or test-well project without moving directly into production development. Protected records remain open to people authorized in writing, state well regulators, and authorized State Tax Commission officials for tax assessment.

Trust land buyers exclude geothermal rights

Buying school or institutional trust land does not include the reserved geothermal rights. For trust mineral estates the state owns on May 6, 2026, geothermal rights belong to the state. An express deed transfer under the trust-land law is the exception. Sale certificates and patents must reserve geothermal resources. The state can use leases, rents, royalties, and business arrangements to develop resources and earn money for trust beneficiaries.

Sponsors & Cosponsors

Sponsor

  • Michael K. McKell

    Republican • Senate

Cosponsors

  • Carl R. Albrecht

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 172 • No: 2

Senate vote • 3/6/2026

Senate/ concurs with House amendment

Yes: 24 • No: 0

House vote • 3/5/2026

House/ substituted

Yes: 0 • No: 0

House vote • 3/5/2026

House/ passed 3rd reading

Yes: 67 • No: 1

House vote • 2/25/2026

House Comm - Amendment Recommendation

Yes: 8 • No: 0

House vote • 2/25/2026

House Comm - Favorable Recommendation

Yes: 9 • No: 0

House vote • 2/25/2026

House Comm - Substitute Recommendation

Yes: 8 • No: 0

Senate vote • 2/23/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/23/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/23/2026

Senate/ floor amendment

Yes: 0 • No: 0

Senate vote • 2/23/2026

Senate/ passed 3rd reading

Yes: 24 • No: 0

Senate vote • 2/20/2026

Senate/ passed 2nd reading

Yes: 27 • No: 0

Senate vote • 2/20/2026

Senate/ uncircled

Yes: 0 • No: 0

Senate vote • 2/20/2026

Senate/ circled

Yes: 0 • No: 0

Senate vote • 2/4/2026

Senate Comm - Substitute Recommendation

Yes: 3 • No: 0

Senate vote • 2/4/2026

Senate Comm - Favorable Recommendation

Yes: 2 • No: 1

Actions Timeline

  1. Governor Signed

    3/26/2026
  2. Senate/ to Governor

    3/13/2026Senate
  3. Senate/ received enrolled bill from Printing

    3/13/2026Senate
  4. Senate/ enrolled bill to Printing

    3/11/2026Senate
  5. Enrolled Bill Returned to House or Senate

    3/11/2026
  6. Draft of Enrolled Bill Prepared

    3/10/2026
  7. Bill Received from Senate for Enrolling

    3/10/2026
  8. Senate/ signed by President/ sent for enrolling

    3/6/2026Senate
  9. Senate/ received from House

    3/6/2026Senate
  10. House/ to Senate

    3/6/2026House
  11. House/ signed by Speaker/ returned to Senate

    3/6/2026House
  12. House/ received from Senate

    3/6/2026House
  13. Senate/ to House

    3/6/2026Senate
  14. Senate/ concurs with House amendment

    3/6/2026Senate
  15. Senate/ placed on Concurrence Calendar

    3/6/2026Senate
  16. Senate/ received from House

    3/6/2026Senate
  17. House/ to Senate

    3/5/2026House
  18. House/ passed 3rd reading

    3/5/2026House
  19. House/ substituted

    3/5/2026House
  20. House/ 3rd reading

    3/5/2026House
  21. House/ 2nd reading

    2/27/2026House
  22. House/ Rules to 3rd Reading Calendar

    2/27/2026House
  23. House/ return to Rules due to fiscal impact

    2/26/2026House
  24. House/ comm rpt/ substituted/ amended

    2/26/2026House
  25. House Comm - Favorable Recommendation

    2/25/2026

Bill Text

  • Enrolled

    3/11/2026

  • Substitute #4

    3/2/2026

  • Amended 2/26/2026 11:02:89

    2/26/2026

  • Substitute #3

    2/25/2026

  • Amended 2/23/2026 15:02:235

    2/23/2026

  • Substitute #2

    2/4/2026

  • Substitute #1

    2/3/2026

  • Introduced

    12/4/2025

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