(1)  The division shall have authority to require:

Terms Used In Utah Code 73-22-6

  • 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
  • Geothermal system: means any strata, pool, reservoir, or other geologic formation containing geothermal resources. See Utah Code 73-22-3
  • Land: includes :Utah Code 68-3-12.5
  • Operator: means any person drilling, maintaining, operating, producing, or in control of any well. See Utah Code 73-22-3
  • Owner: means a person who has the right to drill into, produce, and make use of the geothermal resource. See Utah Code 73-22-3
  • Property: includes both real and personal property. See 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
  • Well: means any well drilled, converted, or reactivated for the discovery, testing, production, or subsurface injection of geothermal resources. See Utah Code 73-22-3
  • Writing: includes :Utah Code 68-3-12.5
  • (a)  Identification of the location and ownership of all wells and producing geothermal leases.

    (b)  Filing with the division of a notice of intent to drill, redrill, deepen, permanently alter the casing of, or abandon any well. Approval of the notice of intent must be obtained from the division prior to commencement of operations.

    (c)  Keeping of well logs and filing true and correct copies with the division. These records are public records when filed with the division, unless the owner or operator requests, in writing, that the records be held confidential. The period of confidentiality shall be established by the division, not to exceed five years from the date of production or injection for other than testing purposes or five years from the date of abandonment, whichever occurs first, as determined by the division. Well records held confidential by the division are open to inspection by those persons authorized in writing by the owner or operator. Confidential status shall not restrict inspection by state officers charged with regulating well operations or by authorized officials of the Utah State Tax Commission for purposes of tax assessment.

    (d)  The spacing, drilling, casing, testing, operating, producing, and abandonment of wells so as to prevent:

    (i)  geothermal resources, water, gases, or other fluids from escaping into strata other than the strata in which they are found (unless in accordance with a subsurface injection program approved by the division);

    (ii)  pollution of surface and groundwater;

    (iii)  premature cooling of any geothermal system by water encroachment or otherwise which tends to reduce the ultimate economic recovery of the geothermal resources;

    (iv)  blowouts, cave-ins, and seepage; and

    (v)  unreasonable disturbance or injury to neighboring properties, prior water rights, human life, health, and the environment.

    (e)  The operator to file cash or individual surety bonds with the division for each new well drilled and each abandoned well redrilled. The amount of surety required shall be determined by the division. In lieu of bonds for separate wells, the operator may file a blanket cash or individual surety bond in an amount set by the division to cover all the operator’s drilling, redrilling, deepening, maintenance, or abandonment activities for wells in the state. Bonds filed with the division shall be executed by the operator, as principal, conditioned on compliance with division regulations in drilling, redrilling, deepening, maintaining, or abandoning any well or wells covered by the bond and shall secure the state against all losses, charges, and expenses incurred by it to obtain such compliance by the principal named in the bond.

    (f)  The geothermal owner or operator to measure geothermal production according to standards set by the division and maintain complete and accurate production records. The records, or certified copies of them, shall be preserved on file by the owner or operator for a period of five years and shall be available for examination by the division at all reasonable times.

    (g)  Filing with the division any other reasonable reports which it prescribes regarding geothermal operations within the state.

    (2)  Any bond filed with the division in conformance with this chapter may, with the consent of the division, be terminated and canceled and the surety be relieved of all obligations under it when the well or wells covered by the bond have been properly abandoned or another valid bond has been substituted for it.

    (3)  The division may enter onto private or public land at any time to inspect any well or geothermal resource development project to determine if the well or project is being constructed, operated, or maintained according to any applicable permits or to determine if the construction, operation, or maintenance of the well or project may involve an unreasonable risk to life, health, property, the environment or subsurface, surface, or atmospheric resources.

    Enacted by Chapter 188, 1981 General Session