(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.

Terms Used In Oregon Statutes 522.515

  • Board: means the governing board of the State Department of Geology and Mineral Industries. See Oregon Statutes 522.005
  • Correlative rights: means the right of each owner in a geothermal area to obtain that owner's just and equitable share of the underlying geothermal resource, or an economic equivalent of that share of the resource, produced in a manner and in an amount that does not injure the reservoir to the detriment of others. See Oregon Statutes 522.005
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • 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

  • Statute: A law passed by a legislature.
  • 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
  • Violate: includes failure to comply. See Oregon Statutes 174.100

(2) Any voluntary unit agreement or plan for unitization between owners, holders of working interests and holders of royalty interests for the exploration, development and operation of a unit area 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 agreement is approved by the board as being in the public interest for the protection of correlative rights and necessary to enhance recovery of geothermal resources or to prevent waste.

(3) A voluntary agreement may be submitted to the board for approval as being in the public interest for the protection of correlative rights and necessary to enhance recovery of geothermal resources or to prevent waste. Board approval constitutes a complete defense to any proceeding charging violation of ORS § 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or of any state statute relating to trusts or monopolies on account of operations conducted pursuant to the agreement.

(4) The failure to submit a voluntary agreement for board approval does not constitute evidence that the agreement or operation violates ORS § 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or any state statute relating to trusts or monopolies. [1981 c.588 § 19]

 

[1971 c.776 § 17; 1973 c.794 § 25; repealed by 1975 c.552 § 55]

 

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