Oregon Statutes 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:
Terms Used In Oregon Statutes 522.415
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Geothermal resources: means the natural heat of the earth, the energy, in whatever form, below the surface of the earth present in, resulting from, or created by, or that may be extracted from, the natural heat, and all minerals in solution or other products obtained from naturally heated fluids, brines, associated gases, and steam, in whatever form, found below the surface of the earth, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:
(a) All products of geothermal processes, including indigenous steam, hot water and hot brines;
(b) Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;
(c) Heat or other associated energy found in geothermal formations; and
(d) Any by-product derived from them. See Oregon Statutes 522.005
- Land: means both surface and mineral rights. See Oregon Statutes 522.005
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Reservoir: means an aquifer or combination of aquifers or zones containing a common geothermal or ground water resource. See Oregon Statutes 522.005
- Unit agreement: means an agreement or plan of development and operation developed under the provisions of ORS § 273. See Oregon Statutes 522.005
- Unit area: means the area described in a unit agreement that constitutes the land subject to development under the agreement. See Oregon Statutes 522.005
- Unit production: means all geothermal resources produced from a unit area from the effective date of a unit agreement approved by the board under ORS § 522. See Oregon Statutes 522.005
(1) A description of the geothermal reservoir and the overlaying land to be operated as a unit.
(2) A statement of the nature of the operations contemplated.
(3) A provision for credits and charges to be made in the adjustment among the owners in a unit area for their respective investments in geothermal wells, prospect wells, machinery, materials and equipment used in the unit operation.
(4) The division of interest or a formula for apportionment of unit production among the separately owned tracts within the unit area which reasonably permits a person or state or local governing body, special district or agency otherwise entitled to share in or benefit by production from a tract to receive an equitable and reasonable share of the unit production or other benefit. An equitable and reasonable share of unit production is measured by the proportion the value of the separately owned tract for geothermal resources recovery bears to the value of the unit for that purpose, taking acreage into account.
(5) Provisions which state how the costs will be paid, how unit production is to be measured and when, how and by whom unit production is to be allocated. The provision shall provide that unit production due to an owner who does not pay that owner’s share of the cost of unit operation or that owner’s interest may be sold and the proceeds applied to the cost.
(6) A provision, if necessary, for making financing available to any person or state or local governing body, special district or agency that wishes to obtain financing. The provision shall allow a reasonable interest charge for the service payable out of that respective share of production.
(7) A provision for the supervision and conduct of the unit operation. Each person or state or local governing body, special district or agency shall have a vote on the provision with a weight corresponding to the percentage of the cost of unit operation chargeable against that respective interest.
(8) The time when the unit operation shall begin and the manner and circumstances under which the unit operation shall terminate.
(9) Provisions, if necessary, for the protection of preexisting water users within the unit area and for administration of future water development from the reservoir covered by the unit agreement. [1981 c.588 § 9]
[1971 c.776 § 35; repealed by 1975 c.552 § 55]