Title 77, Title 77

No right to seek, obtain, or use geothermal resources has passed or shall pass with any existing or future lease of state or school lands.

The board may, at any time prior to the execution and delivery of a geothermal lease or at any time during the life of the lease, require a lessee to file with the department a bond to protect the rights of the state. The bond shall be in form and amount prescribed by the board. …

The lessee of any geothermal lease shall compensate the surface lessee for any damage to the surface or leasehold interest caused as a result of the geothermal lease. The board may require the geothermal lessee to post a bond in an amount to be set by the board to insure the paym…

If any geothermal development located on state land requires the utilization of water, the lessee may, at any time prior to 1 year before the expiration of the lease, make application to the board for permission to secure a water right to the land under the lease. The application…

Where there are conflicting leases, including but not limited to geothermal, coal, mineral, and oil and gas leases, embracing the same land, the person who first was issued a lease shall be entitled to priority of rights; provided, however, that the exercise of this priority shal…

(1) A lease issued by the board gives the lessee, so long as the lessee complies with the terms and conditions of the lease, the exclusive right of possession of the lands or interests leased, subject to conditions contained in the lease. (2) In a geothermal resource lease grante…

The term of each lease shall be for a primary term of 10 years and for so long thereafter as geothermal resources in paying quantities are produced, provided that all conditions and terms of the lease are fully performed by the lessee.

If geothermal resources are not being produced from the leased premises at the expiration of the primary term of the lease but the owner of the lease is then engaged in drilling on the premises for geothermal resources, then the lease term shall be extended for so long as the dri…

Lessees may enter into agreements with other persons, associations, firms, and corporations for drilling and other operations on state lands, but no such operating agreements shall be binding upon the state until filed with the department and approved by the board. No drilling or…

(1) Nothing contained in this part or other related laws shall prevent the board from entering into agreements for the pooling of acreage for unit operations for the production of geothermal resources and apportionment of geothermal royalties on an acreage or other equitable basi…

Geothermal leases shall be issued at an annual rental of not less than $1 per acre, payable in advance and/or a royalty which shall not be less than 10% of the amount or value of steam or other forms of heat or energy derived from the production under the lease and sold or utiliz…

(1) The department shall credit fees collected under geothermal leases to the general fund. (2) All rentals, penalties, and bonuses shall be credited to the income fund of the grant to which the lands under each lease belong. (3) All moneys collected as royalties shall be credite…

(1) A geothermal lessee of state lands has the right to place upon the leased lands a reasonable amount of improvements, provided that the improvements are directly related to the purpose of the lease. (2) Whenever another person becomes the geothermal lessee, the person shall pa…

(1) If the owner of any improvements on state lands of the type authorized by law at the time they were placed on the land desires to sell these improvements to the new lessee and they are unable to agree on the value of the improvements, the value must be ascertained and fixed b…

It is unlawful to sell or advertise for sale state lands constituting power sites or part of power sites capable of developing hydroelectric energy in commercial quantities. However, the board may issue a lease or license to any person, corporation, or municipality for the develo…

The words "power site" as used in this part shall mean not only the state-owned land on which the dam is constructed, but also each separate tract of such land which will become part of the reservoir and which in and of itself makes an essential contribution to the value of the p…

In issuing any lease or license under the provisions of this part, the board shall have the power and it shall be its duty to incorporate in the lease or license such reasonable restrictions and regulations as it finds necessary in order to protect the interest of the state and i…

Whenever an application in writing has been presented to the board for lease or license on a power site on state lands, the board shall make such preliminary examination as to the value of the power site, as to the plans of development submitted by the applicant, and of all other…

If these preliminary investigations and the offer made for lease or license are such that the board deems further proceedings on the application to be justified, it shall cause notice of the proposed lease or license to be published not less than once each week during not less th…

(1) At this meeting all other applications which may have been received for lease or license to such power sites shall be duly considered together with the application originally filed. (2) The board shall have the right to reject any or all bids. (3) If, however, the board finds…

In case one of the applicants is a municipality, its bid shall have preference provided that it is in all respects as advantageous to the state as the bid which has been submitted by any person or corporation.

(1) The rental payment to the state for power sites must be paid annually or semiannually, and the rental may not be less than the full market value of the estate or interest disposed of through the granting of the lease or license. The value must be carefully ascertained from al…

The term of the lease shall not exceed 50 years.

(1) If the state land constituting a power site is part of a larger power site owned or controlled by the government of the United States, then the board may grant a joint lease or license with the United States for the development of the power site and the distribution, use, and…

(1) In all cases where the lease or license issued by the United States requires the amortization of the investment made in dams, machinery, equipment, and appurtenant works, such amortization requirement shall also apply to that portion of the investment representing the state's…

(1) The board may lease state lands for exploration, planning, development, and the production of energy from wind and solar resources. (2) Leases for wind or solar rights only where no ground disturbance is authorized do not require reclassification. (3) The board may exercise b…

(1) A person who leases wind or solar resources under this part shall compensate the surface lessee for damage to the surface improvements caused by the lease. (2) (a) The board may require the wind or solar resource lessee to post a bond in an amount set by the board to insure t…

(1) A lessee under this part has exclusive rights of possession of the lands or interest leased, subject to conditions in the lease and compliance with the lease. (2) The state reserves the right in leases under this part to sell, lease, or otherwise dispose of the surface, and t…

(1) The rental payment to the state for a wind resource development lease may not be less than the full market value of the interest described in the approved lease. (2) Rentals are credited to the income fund of the grant to which the lands under each lease belong.

The board may adopt rules governing the issuance of leases under this part.