Chapter 522 — Chapter 522

ORS 522.315 Final order of department; delivery to operator. Whenever the State Department of Geology and Mineral Industries gives any written direction concerning any geothermal well and the operator requests in writing that a final order for purposes of ORS chapter 183 be made, the department shall, within 15 days after receipt of the notice, deliver such final written order to the operator. [1975 c.552 §24]

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ORS 522.320 [1971 c.776 §§25,26; repealed by 1975 c.552 §55]

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ORS 522.325 Compliance with final order; appeal. (1) The operator of any geothermal well shall within 15 days from the date of the service of any order, either comply with the order or file with the State Department of Geology and Mineral Industries a written statement that the order is not acceptable, and the reasons therefor, and the statement shall constitute an appeal from such order to the governing board of the department

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ORS 522.330 [1971 c.776 §27; repealed by 1975 c.552 §55]

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ORS 522.355 Records of well; contents; drill cutting and core samples. (1) The operator of any geothermal well shall keep, or cause to be kept, a careful and accurate log, core record and history of the drilling of the well

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ORS 522.365 Filing record with department; exemption from disclosure. (1) Each operator of any geothermal well or the designated agent of the operator shall file with the State Department of Geology and Mineral Industries a copy of the log, history and core record, or any portion thereof, promptly upon completion, or upon the written request of the department at any time after the commencement of the work of drilling any geothermal well, and upon plugging and decommissioning or upon suspension of operations for a period of at least six months

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ORS 522.405 Unitization; development of unit agreement; rules. (1) When two or more separately owned tracts of land are within an area under which a reservoir is located or reasonably believed to be located, or when there are separately owned interests in all or part of such an area, the governing board of the State Department of Geology and Mineral Industries, upon its own motion may or upon the application of an interested person or state or local governmental governing body, special district or agency, shall review the need for unitization of the area. The board by rule or order may require the development of a unit agreement for the geothermal resource area if it finds

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ORS 522.410 [1971 c.776 §3; repealed by 1975 c.552 §55]

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ORS 522.415 Unit operation plan. A voluntary or board-sponsored unit agreement developed in response to a rule adopted or an order issued under ORS 522.405 shall provide a unit operation plan that includes

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ORS 522.420 [1971 c.776 §35; repealed by 1975 c.552 §55]

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ORS 522.425 Provisions in rule or order requiring unit operation. Any rule or order of the governing board of the State Department of Geology and Mineral Industries providing for the unit operation of a geothermal resource area may include provisions for

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ORS 522.430 [1971 c.776 §36; repealed by 1973 c.388 §8]

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ORS 522.435 Rule, order to supersede previous board action. Any rule adopted or order entered under ORS 522.405 shall supersede any right or privilege previously granted by the governing board of the State Department of Geology and Mineral Industries to the same person or state or local governing body, special district or agency with respect to the reservoir. [1981 c.588 §11]

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ORS 522.440 [1971 c.776 §38; repealed by 1973 c.388 §8]

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ORS 522.445 Condition to effectiveness of unitization plan and unit agreement. (1) No rule or order of the governing board of the State Department of Geology and Mineral Industries which creates a unit and prescribes a unitization plan and no applicable unit agreement shall be effective unless the plan of unit operation required by the board under ORS 522.405 has been approved in writing by

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ORS 522.450 [1971 c.776 §37; repealed by 1973 c.388 §8]

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ORS 522.455 Rehearing on rule or order; judicial review. (1) Any person or state or local governing body, special district or agency with an interest in geothermal resources within an area to be designated as a unit that is adversely affected by any rule or order of the governing board of the State Department of Geology and Mineral Industries may apply to the board for a rehearing within 30 days after the adoption of the rule or entry of the order. The board shall decide within 45 days after the filing date of the rule or order whether to grant a rehearing. If granted, the rehearing shall be held without undue delay. Failure to act within the 45-day period constitutes approval of the rehearing request

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ORS 522.460 [1971 c.776 §4; repealed by 1975 c.552 §55]

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ORS 522.465 Appointment of unit operator. As part of a proposed rule or order designating a unit area and approving a unitization plan or as part of a unit agreement, the working interest owners under the agreement, within the time specified by the governing board of the State Department of Geology and Mineral Industries, shall appoint the unit operator. If the working interest owners do not make the appointment within the specified time, the board shall appoint the unit operator. [1981 c.588 §14]

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ORS 522.470 [1971 c.776 §22; 1973 c.388 §5; repealed by 1975 c.552 §55]

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ORS 522.475 Board review of disputes over unit operation; appeal. (1) Any disagreement with respect to the unit operation between persons or between persons and state or local governing bodies, special districts or agencies owning any interest in the geothermal resources in a unit area, or between persons or state and local governing bodies, special districts or agencies owning an interest in geothermal resources in a unit area and a unit operator, including a dispute over replacement of a unit operator, may be submitted to the governing board of the State Department of Geology and Mineral Industries for its review and decision

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ORS 522.480 [1971 c.776 §33; 1973 c.388 §6; repealed by 1975 c.552 §55]

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ORS 522.485 Amendment of unitization plan. Subject to the same conditions and limitations provided with respect to the creation of a unit, the following may occur

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ORS 522.495 Presumptions regarding conduct of operation. Any operation on any portion of the unit area, including, but not limited to, the drilling or operation of a well, is considered for all purposes the conduct of the same operation on the whole unit area. The portion of unit production allocated to a separately owned tract in a unit area is considered for all purposes to actually have been produced from a well drilled upon that tract. An operation conducted pursuant to a board rule adopted or order issued under ORS 522.405 constitutes a fulfillment of all express or implied obligations under each lease or contract covering lands in the unit area. [1981 c. 588 §17]

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ORS 522.505 Unauthorized operation in unit area prohibited; exemption. (1) The operation of a geothermal well in a unit area by anyone other than by a person or state or local governing body, special district or agency acting under the unit’s authority shall be unlawful. That operation is prohibited from the effective date of the board rule or order creating the unit and prescribing the unitization plan or the unit agreement, except in the manner and to the extent provided in the unitization plan or agreement

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ORS 522.510 [1971 c.776 §15; 1973 c.794 §24; repealed by 1975 c.552 §55]

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ORS 522.515 When agreement or plan held not to violate state securities or trade law. (1) A unit agreement or unitization plan under a board rule adopted or order issued pursuant to ORS 522.405 shall not be held or construed to violate ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or any state statute relating to trusts, monopolies or contracts and combinations in restraint of trade if the board has made a finding that the agreement is in the public interest for the protection of correlative rights and is necessary to enhance recovery of geothermal resources or to prevent waste

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ORS 522.520 [1971 c.776 §17; 1973 c.794 §25; repealed by 1975 c.552 §55]

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ORS 522.525 Land subject to board authority; federal lands. Board authority applies to all private, municipal, state and federal land in the state which is subject to the state’s regulatory authority. When land subject to federal jurisdiction is committed to a unit agreement or cooperative agreement the board may suspend the operation of this chapter or any provision of this chapter if

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ORS 522.530 [1971 c.776 §16; repealed by 1973 c.794 §34]

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ORS 522.535 Fees; rules. (1) The governing board of the State Department of Geology and Mineral Industries shall establish reasonable fees by rule pursuant to ORS chapter 183 for the purpose of the development and administration of a unit agreement to be paid by all persons or state or local governing bodies, special districts or agencies with a royalty interest in that unitized development. The fee schedule shall recognize the reduced workload involved in review of a voluntary unit agreement that complies with this chapter

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ORS 522.540 [1971 c.776 §29; repealed by 1973 c.794 §34]

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ORS 522.545 Rulemaking authority. The governing board of the State Department of Geology and Mineral Industries may make, in compliance with ORS chapter 183, rules and orders for the following purposes

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ORS 522.810 Suits to enjoin violations. Whenever it appears that any person is violating or threatening to violate any provision of this chapter or any rule or order of the governing board of the State Department of Geology and Mineral Industries made thereunder, or is threatening to or committing waste, the board may bring suit against such person in the circuit court of any county where the violation or waste occurs or is threatened, to restrain such person from continuing such violation or waste. In any such suit, the court shall have jurisdiction to grant to the board, without bond or other undertaking, such temporary restraining orders or final prohibitory and mandatory injunctions as the facts may warrant, including any such orders restraining the movement, disposition or waste of geothermal resources. [1971 c.776 §41; 1973 c.388 §7; 1975 c.552 §29]

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ORS 522.815 Rules by board; scope; adoption; notice. (1) In accordance with the rulemaking provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries may adopt rules necessary to conserve geothermal resources or other natural resources, or to protect the environment, the correlative rights of any person having an ownership interest in the affected land or resource, or beneficial uses of water, or to accomplish the efficient and economical development of a geothermal reservoir. The rules shall include a description of the geothermal reservoir and the overlying land and may also include provisions for the following

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ORS 522.910 Aiding in violations prohibited. No person shall knowingly aid or abet any other person in the violation of any provision of this chapter or of any rule or order of the governing board of the State Department of Geology and Mineral Industries made thereunder. [1971 c.776 §40; 1975 c.552 §30]

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ORS 522.915 False entries, omissions, destruction or removal of records or reports. No person shall

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ORS 522.920 [1971 c.776 §39; repealed by 1975 c.552 §55]

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ORS 522.990 Penalties. Subject to ORS 153.022, violation of any provision of this chapter or of any rule or order of the governing board of the State Department of Geology and Mineral Industries made thereunder, excluding ORS 522.405 to 522.545 and any rule promulgated thereunder, is a Class B misdemeanor. [1971 c.776 §42; 1975 c.552 §31; 1981 c.588 §6; 1999 c.1051 §316; 2011 c.597 §222]

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