West Virginia Code 22-33-5 – Definitions
As used in this article:
Terms Used In West Virginia Code 22-33-5
- 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 resource: means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the secretary by legislative rule. See West Virginia Code 22-33-5
- Geothermal system: means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources. See West Virginia Code 22-33-5
- Secretary: means the Secretary of the Department of Environmental Protection or his or her designee as provided in article one of this chapter. See West Virginia Code 22-33-5
(a) “Correlative right” means the right of each geothermal owner in a geothermal system to produce without waste his or her just and equitable share of the geothermal resource in the geothermal system.
(b) “Geothermal energy” means the usable energy that is produced or that can be produced from a geothermal resource.
(c) “Geothermal resource” means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the secretary by legislative rule.
(d) “Geothermal system” means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources.
(e) “Secretary” means the Secretary of the Department of Environmental Protection or his or her designee as provided in article one of this chapter.