89 sections in this chapter.
ORS 522.005 Definitions. As used in this chapter, unless the context requires otherwise
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(1) “Board” means the governing board of the State Department of Geology and Mineral Industries. (2) “By-product” means any mineral or minerals, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, that are found in solution or in association with geoth…
ORS 522.010 [1971 c.776 §2; 1973 c.388 §1; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.015 Policy. (1) The Legislative Assembly hereby finds and declares that
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(a) The people of the State of Oregon have a direct and primary interest in the development of geothermal resources situated in this state. (b) The State of Oregon, through the State Department of Geology and Mineral Industries, shall control the drilling, redrilling and deepenin…
ORS 522.019 Injection of geothermal fluids; rules; water quality permit. (1)(a) In order to accomplish the policy of ORS 522.015 all geothermal fluids derived from geothermal resources shall be reinjected into the same reservoir from which withdrawn unless it is determined by the State Department of Geology and Mineral Industries that these policies and the public interest require other disposal of the fluids
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(b) Subject to the determination in paragraph (a) of this subsection, injection into other reservoirs or disposal by other means may be allowed by the department in specific instances where it is shown that such action is consistent with the policies cited in this section. Dispos…
ORS 522.020 [1971 c.776 §32; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.025 Application. (1) The provisions of this chapter relating to the location and drilling of any well for the production of geothermal resources do not apply to any wells producing geothermal resources on July 1, 1975, or wells, other than prospect wells, where
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(a) The geothermal fluids produced are of less than 250 degrees Fahrenheit bottom hole temperature; or (b) Such fluids have been appropriated pursuant to ORS 537.505 to 537.795 and 537.992. (2) The provisions of this chapter relating to regulation of production of geothermal reso…
ORS 522.035 Ownership rights. Ownership rights to geothermal resources shall be in the owner of the surface property underlain by the geothermal resources unless such rights have been otherwise reserved or conveyed. However, nothing in this section shall divest the people or the state of any rights, title or interest they may have in geothermal resources. [1975 c.552 §21]
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[Repealed or reserved.]
ORS 522.045 Decommissioned well; jurisdiction. Any well drilled under authority of this chapter from which usable geothermal resources cannot be derived, or the owner or operator has no intention of deriving usable geothermal resources, and that is not expected to provide information useful to the development of geothermal resources shall be plugged and decommissioned as provided in this chapter or, upon the operator’s written application to the State Department of Geology and Mineral Industries and with the concurrence and approval of the Water Resources Director, jurisdiction over the well may be transferred to the Water Resources Director and, in such case, the well shall no longer be subject to the provisions of this chapter but shall be subject to any applicable laws and rules relating to wells drilled for appropriation and use of ground waters. If an application is made to transfer jurisdiction, a copy of all logs, records, histories and descriptions shall be provided to the Water Resources Director by the applicant. [1975 c.552 §4e; 2009 c.794 §5]
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[Repealed or reserved.]
ORS 522.050 [1971 c.776 §1; 1975 c.552 §1; renumbered 522.015]
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PROSPECT WELLS
ORS 522.055 Permit; application; fees. (1) A person may not engage in drilling a prospect well except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section
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(2) An application for a permit to drill prospect wells must include: (a) A plugging and decommissioning plan; (b) Such other information as the department by rule may require to assess the impacts of the proposed prospect well; and (c) A nonrefundable fee as determined by the de…
ORS 522.060 [1971 c.776 §34; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.065 Circulation of application to state agencies; suggested conditions to permit; time limit for permit action. (1) Upon receipt of a complete application to drill prospect wells, the State Department of Geology and Mineral Industries shall circulate copies of the application to the Water Resources Department, the Department of Environmental Quality, the Department of Land Conservation and Development and the Department of State Lands. The State Department of Geology and Mineral Industries may circulate copies to other public agencies that may have an interest in the permit application
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(2) Any public agency receiving a copy of the application as provided in subsection (1) of this section may suggest conditions under which a permit should be granted. A public agency shall submit any suggested conditions to the State Department of Geology and Mineral Industries w…
ORS 522.070 [1971 c.776 §7; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.075 Bond or security; conditions; cancellation. (1)(a) The State Department of Geology and Mineral Industries may not issue a permit for a prospect well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries
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(b) The amount of the bond or alternative form of financial security may not be less than $10,000 for each prospect well or not less than $50,000 for all prospect wells to be drilled. (2) The bond or alternative form of financial security must be conditioned upon compliance with …
ORS 522.080 Operator liability. In addition to any other liability imposed by law, the operator of a prospect well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with
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(1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or (2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equi…
ORS 522.085 Report certifying completion of decommissioning plan. Upon completion of all drilling and testing undertaken pursuant to an application to drill prospect wells, the applicant shall file with the State Department of Geology and Mineral Industries a report certifying the completion of the plugging and decommissioning plan required by the permit. [1975 c.552 §4d; 2009 c.794 §10]
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[Repealed or reserved.]
ORS 522.110 [1971 c.776 §11; 1973 c.388 §2; repealed by 1975 c.552 §55]
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GEOTHERMAL WELLS
ORS 522.115 Permit; application; fees. (1) A person may not engage in the drilling or operating of any geothermal well except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section
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(2) An application for a permit to drill or operate a geothermal well must include: (a) The location and elevation of the floor of the proposed derrick. (b) The number or other designation approved by the department by which the well shall be known. (c) The applicant’s estimate o…
ORS 522.120 [1971 c.776 §§12,13; 1973 c.388 §3; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.125 Circulation of application to state agencies; suggested conditions to permit. (1) Upon receipt of a complete application for a permit to drill or operate a geothermal well, the State Department of Geology and Mineral Industries shall circulate copies of the application to the Water Resources Department, the State Department of Fish and Wildlife, the Department of Environmental Quality, the State Parks and Recreation Department, the Department of Land Conservation and Development, the State Department of Energy, the Department of State Lands and the governing body of the county and the geothermal heating district in which the well will be located. The State Department of Geology and Mineral Industries may circulate copies to other public agencies that have an interest in the application
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(2) Any public agency receiving a copy of the application as provided in subsection (1) of this section may suggest conditions under which a permit should be granted. A public agency shall submit any suggested conditions to the State Department of Geology and Mineral Industries w…
ORS 522.130 [1971 c.776 §14; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.135 Permit; time limit for action; grounds for issuance; conditions; fees. (1) Within 60 days after receipt of a complete application for a permit to drill or operate a geothermal well, the State Department of Geology and Mineral Industries shall by order issue or deny the permit unless the department determines that a longer period is necessary to respond to comments or new information or for other good cause
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(2) Except as provided in ORS 522.145, the department shall issue the permit if, after receipt of comments from the agencies referred to in ORS 522.125, the department determines that issuance of the permit would be consistent with the provisions of this chapter and ORS chapters …
ORS 522.140 [1971 c.776 §6; 1973 c.388 §4; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.145 Bond or security; conditions; cancellation. (1)(a) The State Department of Geology and Mineral Industries may not issue a permit for a geothermal well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries
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(b) The amount of the bond or alternative form of financial security may not be less than $25,000 for each well or not less than $150,000 for all wells to be drilled. (2) The bond or alternative form of financial security must be conditioned upon compliance with the requirements …
ORS 522.150 [1971 c.776 §8; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.155 Liability for failure to protect ground water and surface water; rules. In addition to any other liability imposed by law, the operator of a geothermal well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with
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(1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or (2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equi…
ORS 522.160 [1971 c.776 §18; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.165 Request for permit modification; fee. (1) A permittee must make a request to modify a permit before changing the location, number or designation specified for any geothermal well or before undertaking to alter in any manner the casing of a geothermal well
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(2) A request to modify a permit under this section, except for changes to a well name, shall be accompanied by the nonrefundable fee specified in ORS 522.115. [1975 c.552 §10; 2009 c.794 §16]
ORS 522.170 [1971 c.776 §5; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.175 Plugging and decommissioning; rules. (1) No person shall abandon a geothermal well without first plugging and decommissioning the well in conformance with a plugging and decommissioning plan approved by the State Department of Geology and Mineral Industries and complying with the provisions of ORS 522.245
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(2) The governing board of the department shall adopt rules designed to: (a) Protect underground and surface water usable for beneficial purposes from pollution resulting from infiltration or addition of any detrimental substance; (b) Prevent the escape of all fluids to the surfa…
ORS 522.180 [1971 c.776 §19; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.185 [1975 c.552 §13; repealed by 1981 c.694 §12]
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[Repealed or reserved.]
ORS 522.190 [1971 c.776 §20; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.195 Monthly production statement; rules. Except as excluded by rule adopted by the governing board of the State Department of Geology and Mineral Industries, the operator of any completed geothermal well shall file with the department a monthly statement of the geothermal resources production from such well during the preceding calendar month. [1975 c.552 §14]
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[Repealed or reserved.]
ORS 522.200 [1971 c.776 §28; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.205 Notice by prospective operator of transfer or purchase of well; application; fee; notice by buyer of land of transfer or purchase; rules. (1) Except as excluded from the provisions of this section by rule of the governing board of the State Department of Geology and Mineral Industries, any prospective operator of a geothermal well shall notify the department in such form as the department may direct of the purchase, assignment, transfer, conveyance or exchange of the well within 45 days of the purchase and shall accompany such notice with an application for transfer of the permit for the particular well. The application must include the transfer fee specified in ORS 522.115
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(2) Any buyer of land on which a geothermal well is located shall notify the department of the purchase, assignment, transfer, conveyance or exchange of the land upon which such well is situated within 45 days of such purchase. [1975 c.552 §15; 2009 c.794 §18]
ORS 522.210 [1971 c.776 §31; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.215 Suspension of drilling or operation; application; terms; extension; presumption of abandonment; unlawful abandonment; notice; proceedings against operator. (1) No operator shall suspend drilling or operation of a geothermal well without obtaining permission from the State Department of Geology and Mineral Industries
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(2) The department may authorize an operator to suspend for a specific period operations or remove equipment from an uncompleted geothermal well upon such terms as the department may specify, upon written application of the operator and an affidavit showing good cause therefor. (…
ORS 522.220 [1971 c.776 §21; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.225 Notice of intent to plug and decommission. (1) Before commencing any operation to discontinue the use of a geothermal well, the operator shall give notice to the State Department of Geology and Mineral Industries of the intention to plug and decommission the well and the date upon which the work will begin
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(2) Such notice shall be given at least 24 hours before the commencement of plugging and decommissioning operations and shall indicate: (a) The condition of the well; (b) The proposed method of the plugging and decommissioning operation; and (c) Any additional information that ma…
ORS 522.230 [1971 c.776 §23; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.235 [1975 c.552 §18; repealed by 2009 c.794 §27]
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[Repealed or reserved.]
ORS 522.240 [1971 c.776 §9; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.245 Department approval of plugging and decommissioning; report by operator; effect of failure to comply; proceedings against operator. (1) A representative of the State Department of Geology and Mineral Industries may be present during any operation to plug and decommission a geothermal well. If the representative determines that the plugging and decommissioning is satisfactory, the representative shall approve the plugging and decommissioning of the well
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(2) Within 45 days after the completion of the plugging and decommissioning of any geothermal well, the operator of the well shall make a written report of all work done. Within 45 days after the receipt of the report, the department shall furnish the operator with a written fina…
ORS 522.250 [1971 c.776 §10; repealed by 1975 c.552 §55]
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[Repealed or reserved.]
ORS 522.255 Resolution of conflicts between geothermal and water uses. If interference between an existing geothermal well permitted under this chapter and an existing water appropriation permitted under ORS chapter 537 is found by either the State Geologist or the Water Resources Director, the State Geologist and the Water Resources Director shall work cooperatively to resolve the conflict and develop a cooperative management program for the area. In determining what action should be taken, they shall consider the following goals
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(1) Achieving the most beneficial use of the water and heat resources; (2) Allowing all existing users of the resources to continue to use those resources to the greatest extent possible; and (3) Insuring that the public interest in efficient use of water and heat resources is pr…
ORS 522.260 [1971 c.776 §30; repealed by 1975 c.552 §55]
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ADMINISTRATION
ORS 522.275 Administration by State Geologist. Subject to policy direction by the governing board of the State Department of Geology and Mineral Industries, the State Geologist shall administer this chapter, the rules and orders made pursuant thereto, and supervise the department in carrying out the provisions of this chapter. [1975 c.552 §23]
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[Repealed or reserved.]
ORS 522.305 Rules. (1) In accordance with the applicable provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries may adopt rules necessary to implement the provisions of this chapter. This authority includes, but is not limited to, rules relating to
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(a) Establishing procedures for the issuance, modification, transfer, denial, suspension and revocation of permits; (b) Establishing procedures for enforcing permit conditions, for enforcing the requirements of this chapter and for enforcing rules adopted to implement the provisi…
ORS 522.310 [1971 c.776 §24; repealed by 1975 c.552 §55]
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[Repealed or reserved.]