ID H0067

Director of the Department of Water Resources may exempt proposed uses of low temperature geothermal resources that are primarily for reasons other than heat value from the requirement that such resources be utilized primarily for heat value.

Director may grant exemption only if the proposed use satisfies all criteria: no feasible alternative use exists, will not detrimentally affect existing water rights, will not diminish temperature or artesian pressure of the aquifer, and no economically viable water source with bottom hole temperature of 85 degrees or less is available, and the exemption is in the public interest.

Oil and gas wells permitted under section 47-316 are exempt from low temperature geothermal resource provisions, but the director may initiate contested case proceedings if the well causes significant negative impacts to pressure, temperature, quality, or quantity of water available to existing water rights.

Well owners drilling, redrilling, modifying, or deepening low temperature geothermal wells must file a surety or cash bond of $5,000 to $20,000, conditioned on compliance with applicable chapters and rules, remaining in effect for one year after completion or until released by the director.

All permits, licenses, decreed rights, and valid claims with priority dates prior to July 1, 1987 remain valid and are not subject to bond requirements unless the well is modified or deepened.