2005 Nevada Revised Statutes - Chapter 534A — Geothermal Resources

CHAPTER 534A - GEOTHERMAL RESOURCES

NRS 534A.010 Geothermalresource defined.

NRS 534A.031 Explorationand subsurface information: Filing with Division of Minerals of Commission onMineral Resources; confidentiality; release to State Engineer or other agency.

NRS 534A.040 Applicabilityof procedures for appropriation.

NRS 534A.050 Ownershipof geothermal resources.

NRS 534A.060 Permitrequired to drill or operate geothermal well or drill exploratory well;application.

NRS 534A.070 Approvalor rejection of application for permit to drill exploratory well; review ofapplication for permit to drill or operate geothermal well; hearing;conditions.

NRS 534A.080 Fees;use of money.

NRS 534A.090 Regulationsof Commission on Mineral Resources.

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NRS 534A.010 Geothermalresource defined. As used in this chapter,unless the context otherwise requires, geothermal resource means the naturalheat of the earth and the energy associated with that natural heat, pressureand all dissolved or entrained minerals that may be obtained from the mediumused to transfer that heat, but excluding hydrocarbons and helium.

(Added to NRS by 1975, 611; A 1977, 1172; 1981, 659)

NRS 534A.031 Explorationand subsurface information: Filing with Division of Minerals of Commission onMineral Resources; confidentiality; release to State Engineer or other agency. Any explorationand subsurface information obtained as a result of a geothermal project must befiled with the Division of Minerals of the Commission on Mineral Resourceswithin 30 days after it is accumulated. The information is confidential for 5years after the date of filing and may not be disclosed during that timewithout the express written consent of the operator of the project, except thatit must be made available by the Division to the State Engineer or any otheragency of the State upon request. The State Engineer or other agency shall keepthe information confidential.

(Added to NRS by 1977, 383; A 1985, 1303; 1993, 1701;1999, 3633)

NRS 534A.040 Applicabilityof procedures for appropriation. A consumptiveuse of water brought to the surface outside of a geothermal well is subject tothe appropriation procedures of chapters 533and 534 of NRS, except for:

1. Water that is removed from an aquifer or geothermalreservoir to develop and obtain geothermal resources if the water is returnedto or reinjected into the same aquifer or reservoir; or

2. The reasonable loss of water:

(a) During a test of a geothermal well; or

(b) From the temporary failure of all or part of asystem that removes water from an aquifer or geothermal reservoir, transfersthe heat from that water and reinjects that water into the same aquifer orreservoir.

(Added to NRS by 1975, 611; A 1983, 2091; 1985, 1303;1997, 284)

NRS 534A.050 Ownershipof geothermal resources. The owner of realproperty owns the rights to the underlying geothermal resources unless theyhave been reserved by or conveyed to another person.

(Added to NRS by 1983, 2091)

NRS 534A.060 Permitrequired to drill or operate geothermal well or drill exploratory well;application.

1. A person may not drill or operate a geothermal wellor drill an exploratory well without obtaining a permit from the Administratorof the Division of Minerals of the Commission on Mineral Resources andcomplying with the conditions of the permit.

2. An application must set forth such information asthe Administrator requires by regulation.

(Added to NRS by 1983, 2091; A 1985, 1303; 1993,1701; 1999, 3633)

NRS 534A.070 Approvalor rejection of application for permit to drill exploratory well; review ofapplication for permit to drill or operate geothermal well; hearing;conditions.

1. The Administrator of the Division of Minerals ofthe Commission on Mineral Resources shall approve or reject an application fora permit to drill an exploratory well within 10 days after he receives theapplication in proper form. The permit must not be effective for more than 2years, but may be extended by the Administrator.

2. Upon receipt of an application for a permit todrill or operate a geothermal well, the Administrator of the Division ofMinerals shall transmit copies of the application to the State Engineer, theAdministrator of the Division of Environmental Protection of the StateDepartment of Conservation and Natural Resources, and the Director of theDepartment of Wildlife. After consultation with the State Engineer, theAdministrator of the Division of Environmental Protection, and the Director ofthe Department of Wildlife, the Administrator of the Division of Minerals mayissue a permit to drill or operate a geothermal well if it is determined thatissuance of a permit is consistent with:

(a) The policies specified in NRS 445A.305 and 445B.100;

(b) The purposes of chapters533 and 534 of NRS; and

(c) The purposes specified in chapter 501 of NRS.

3. The Administrator of the Division of Minerals shallapprove or reject the application to drill or operate a geothermal well within90 days after he receives it in proper form, unless it is determined that aconflict exists pursuant to subsection 2 or a public hearing is necessarypursuant to subsection 4. Notice of the conflict or need for a public hearing mustbe provided to the applicant within the 90-day period.

4. The State Engineer and the Administrator of theDivision of Minerals may hold public hearings jointly or separately to gathersuch evidence or information as they deem necessary for a full understanding ofall the rights involved and to guard properly the public interest.

5. A permit issued pursuant to this section mustinclude any conditions:

(a) Deemed necessary by the Administrator of theDivision of Minerals to carry out the purposes of this section; and

(b) Imposed by the State Engineer consistent with theprovisions of chapters 533 and 534 of NRS.

(Added to NRS by 1983, 2091; A 1985, 1304; 1987, 778;1993, 1701; 1997, 509; 1999,3633; 2003, 1581)

NRS 534A.080 Fees;use of money.

1. The Commission on Mineral Resources shall imposeand collect a fee for examining and filing an application for a permit to drillor operate a geothermal well or to drill an exploratory well. The fee must bedeposited with the State Treasurer, for credit to the Account for the Divisionof Minerals created in the State General Fund pursuant to NRS 513.103.

2. The fee may be based in part on the number of acresof land being used by the person who holds the permit.

3. The Commission and the Division of Minerals may usethe money deposited in the Account for the Division of Minerals pursuant tothis section to administer the provisions of this chapter.

(Added to NRS by 1983, 2091; A 1985, 1304; 1993, 111,1702; 1995, 579)

NRS 534A.090 Regulationsof Commission on Mineral Resources. TheCommission on Mineral Resources may adopt regulations necessary for carryingout the provisions of this chapter.

(Added to NRS by 1983, 2091)