Title 27 — Minerals, Oil and Gas

The owner or operator of any well producing geothermal resources shall file with the commission on or before the twenty-fifth day of the next succeeding month a monthly producers report, setting forth the total production from each well and such other information as may be determ…

Any owner or operator or employee thereof who knowingly refuses to permit the commission to inspect a well or who knowingly hinders or delays enforcement of the provisions of this chapter, and every person, whether as principal agent, servant or employee, or otherwise, who violat…

Whenever the commission finds that it is in the interest of the protection of the geothermal resources of this state from unreasonable waste, the lessors, lessees, operators, owners or other persons holding or controlling royalty or other interest in separate properties within th…

A. No order of the commission creating a unit and prescribing the plan of unitization applicable thereto shall become effective unless and until the plan of unitization has been signed, or in writing ratified or approved by the owner or lessees of record of not less than sixty-th…

A. When two or more separately owned tracts of land are embraced within an established drilling unit, persons owning the drilling rights therein and the right to share in the production therefrom may agree to pool their interests and develop their lands as a drilling unit. If the…

A. Geothermal resources and their development shall be exempt from the water laws of this state unless either: 1. Such resources are commingled with surface waters or groundwaters of this state. 2. Such development causes impairment of or damage to the groundwater supply. B. In t…

A. The department may lease state lands for the development of geothermal resources and sell geothermal resource leases as provided in this article. B. The department may prescribe rules and regulations necessary and appropriate to carry out the purposes of this section and to pr…

The department may determine and designate the known geothermal resource areas. The determinations and designations shall be published twice in a newspaper of general circulation in this state, the last publication to be not less than five days from the first date of publication.…

A. Applications for leases shall be in writing addressed to the department and shall contain a description of the lands sufficient to identify them, the name and address of the applicant and shall be accompanied by a filing fee of twenty-five dollars. Each application shall be st…

A. The leases shall provide for the payment by the lessee of a royalty of not less than twelve and one-half per cent of the gross value of the resource at the well head. B. The leases shall provide for an annual rental of not less than one dollar per acre for each year that the l…

A. Each lease issued under the provisions of this article shall provide that the lessee, insofar as its interest is affected, may join, with the department's prior written approval, in cooperative or unit plans for the development and operation of geothermal resource pools with t…

The lessee shall have the right to use as much of the surface of the lands as reasonably necessary for its operations under the lease as determined by the department. The lessee shall be liable for damage caused by it to the state's interest in the surface and to the interest of …

A. In event of the assignment of a lease as to a segregated portion of the land, the rentals payable shall be apportioned between the portions according to the surface area of each. If the lease is assigned in whole or in part, liability for the breach of any obligation under the…

At the discretion of and upon prior written approval of the department, a lessee may surrender a portion of the lands covered by the lease at any time upon payment to the department of all amounts then due as to the lands surrendered, but no refund of any part of the cash conside…

A. If it appears that a person is violating any provision of this article, or a rule or order made pursuant to this article, and the person fails or refuses, on notice by the commission, to desist from the violation, the commission may bring an action in superior court in the cou…

A. In any action brought pursuant to section 27-676 against a person who violates any provision of this article, or any rule or order of the commission, the court may impose a civil penalty of not more than one thousand dollars for each violation and for each day the violation co…

In this chapter, unless the context otherwise requires: 1. "Division" means the division of mined land reclamation in the office of the state mine inspector. 2. "Existing exploration operation" means an exploration operation that is ongoing as of July 1, 1996. 3. "Existing mining…

A. The state mine inspector shall establish a division of mined land reclamation and employ staff who have the necessary and appropriate experience in mining and reclaiming mined lands. B. This chapter does not replace or duplicate provisions of title 49 that regulate exploration…

A. This chapter does not apply to any activity that occurs on state land and that is regulated pursuant to chapter 2, article 3, 4 or 5 of this title. B. The state mine inspector may enter into agreements pursuant to title 11, chapter 7, article 3 with the state land department, …

A. The state mine inspector shall adopt rules consistent with this chapter for the reclamation of surface disturbances at exploration operations and mining units and for the administration of this chapter. B. To accomplish the purposes of this section, the state mine inspector ma…

A. The following persons shall file a certificate of disclosure with the division of mined land reclamation as prescribed by this section: 1. A person who is engaged in an activity subject to regulation under this chapter and who has been convicted of a felony involving laws rela…

Beginning April 1, 1997, an owner or operator of a new exploration operation or new mining unit shall not create a surface disturbance of more than five contiguous acres until a reclamation plan and financial assurance mechanism for the exploration operation or mining unit are ap…

A. An owner or operator of an existing exploration operation or existing mining unit with surface disturbances of more than five contiguous acres shall submit a reclamation plan to the state mine inspector by April 1, 1997. B. An owner or operator may petition the inspector for a…

A. Nothing in this chapter shall prevent an owner or operator of an exploration operation or mining unit from creating a surface disturbance of five contiguous acres or less. B. From and after December 31, 1996, the state mine inspector may require either or both of the following…

A. At an inactive mining unit, the following are not subject to the requirements of this chapter: 1. Voluntary reclamation measures that are not required by federal or state law, regulation or permit. 2. Actions that are required to comply with other local, state or federal laws,…

A. An owner or operator is not required to provide notice or obtain approval of a reclamation plan or financial assurance mechanism under this chapter before creating a surface disturbance pursuant to a remedial action in response to an emergency or to a government order to preve…

A. Beginning April 1, 1997, if a surface disturbance cannot be practicably reclaimed concurrently with an exploration operation or at a mining unit, reclamation shall be initiated: 1. Within two years after completing the exploration operation or mining unit. 2. Within two years …

A. The state mine inspector must approve any substantial change to an approved reclamation plan as provided by this section before the change is implemented. B. The owner or operator of the exploration operation or mining unit shall submit a notice of a proposed change to the ins…

A. A reclamation plan may be transferred from one person to another, by operation of law or otherwise, if the current owner or operator notifies the state mine inspector in writing before the transfer. The notice shall include: 1. The name, address, telephone number and statutory…

A. The state mine inspector shall give notice of a proposed reclamation plan or a substantial change to an approved reclamation plan once each week for two consecutive weeks in a newspaper of general circulation in the county or counties in which the exploration operation or mini…

A. The state mine inspector shall make available to the public any records, reports or information obtained or prepared by the inspector, unless a notice accompanying the information or any part of the information states that the information is a trade secret or is otherwise conf…

A. The state mine inspector, by rule or conditional order, may allow an owner or operator of an exploration operation or mining unit to vary from any rule adopted pursuant to this chapter or any requirement or condition of a reclamation plan issued pursuant to this chapter if the…

A. The state mine inspector shall coordinate the review and approval of reclamation plans with the state land department, the United States bureau of land management, the United States forest service and other agencies that manage public lands on which exploration operations or m…

The owner or operator of an exploration operation or mining unit may request a hearing on the state mine inspector's denial of a plan pursuant to title 41, chapter 6, article 10.

A. The state mine inspector shall assess and collect a one-time submission fee from the owner or operator of each exploration operation and mining unit at the time the owner or operator submits a plan under article 3 or 4 of this chapter. B. For fiscal year 1996-1997 the submissi…

A. Subject to section 38-503 and other applicable statutes and rules, the state mine inspector may contract with a private consultant for the purpose of assisting the inspector in reviewing reclamation plans that are submitted under this chapter to determine whether the plans mee…

A. Beginning April 1, 1997, a person who conducts exploration operations that will create more than five contiguous acres of surface disturbance shall submit a reclamation plan to the state mine inspector. The reclamation plan shall: 1. Identify the county or counties in which ex…

A. The state mine inspector shall notify the operator that a reclamation plan is administratively complete or incomplete within thirty days after receiving the plan. B. If the inspector notifies the operator that a plan is incomplete or denied, the inspector shall include a writt…

The state mine inspector shall approve a reclamation plan for exploration operations within sixty days after receiving a complete plan if the plan provides for the reclamation of surface disturbances at the exploration operations according to the following requirements, as applic…

New exploration operations may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the exploration operations or ninety days after the inspector receives a reclamation plan if the inspector fails to notify the owner or operator th…

A reclamation plan for exploration operations is renewable annually on: 1. Modification of the plan to address types of surface disturbances that will be conducted during exploration operations but that have not been previously addressed in the reclamation plan. 2. Submission of …

A. Beginning July 1, 1996, an owner or operator may submit a single reclamation plan that covers multiple mining units of a mining facility. B. The proposed reclamation plan shall include: 1. The names and addresses of the owner or operator and an individual who will be the regul…

A. The state mine inspector shall notify the owner or operator that the plan is complete or incomplete within thirty days after receiving the plan. B. The inspector shall approve or disapprove a plan for new mining units within one hundred twenty days after receiving a complete p…

A. The state mine inspector shall approve a reclamation plan for mining units if the plan provides for reclamation measures for surface disturbances that are: 1. Necessary to achieve a safe and stable condition suitable for the post-mining land use objectives stated in the reclam…

Before creating a surface disturbance that is stated to be reclaimed by revegetation pursuant to a new mining unit reclamation plan, the owner or operator shall conserve the soil as reasonably available from the area of disturbance to support the stated revegetation on that speci…

A. A reclamation plan may exclude any provision for reclaiming open pits, rock faces or subsidence areas through backfilling or returning material to the open pit, rock face or subsidence area from which it was extracted if it is impracticable and if public access to the open pit…

Beginning April 1, 1997, new mining units may begin when both of the following occur: 1. The state mine inspector approves the reclamation plan for the mining unit, or one hundred fifty days after the inspector receives a reclamation plan if the inspector does not notify the owne…

A. Beginning April 1, 1997, as required by this chapter, owners and operators of exploration operations and mining units who create surface disturbances shall provide financial assurance mechanisms to the inspector as provided by this article. B. Allowable financial assurance mec…

A. The owner or operator of an existing exploration operation or a new or existing mining unit shall transmit a financial assurance mechanism to the state mine inspector within sixty days after a reclamation plan is approved. The inspector shall take final action on the financial…

A. Beginning April 1, 1997, the owner or operator of a new exploration operation shall furnish a financial assurance mechanism to the state mine inspector in an amount equivalent to two thousand dollars per acre of new surface disturbance, unless the inspector approves a cost est…