(1)  Ownership of a geothermal resource derives from an interest in land and not from an appropriative right to geothermal fluids.

Terms Used In Utah Code 73-22-4

  • Division: means the Division of Water Rights, Department of Natural Resources. See Utah Code 73-22-3
  • Geothermal resource: means :
(i) the natural heat of the earth at temperatures greater than 120 degrees centigrade; and
(ii) the energy, in whatever form, including pressure, present in, resulting from, created by, or which may be extracted from that natural heat, directly or through a material medium. See Utah Code 73-22-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Waste: means any inefficient, excessive, or improper production, use, or dissipation of geothermal resources. See Utah Code 73-22-3
    • (2)  This chapter shall apply to all lands in the State of Utah, including federal and Indian lands to the extent allowed by law. When these lands are committed to a unit agreement involving lands subject to federal or Indian jurisdiction, the division may, with respect to the unit agreement, deem this chapter complied with if the unit operations are regulated by the United States and the division finds that conservation of geothermal resources and prevention of waste are accomplished under the unit agreement.

    Enacted by Chapter 188, 1981 General Session

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