(a) The geothermal fluids produced are of less than 250 degrees Fahrenheit bottom hole temperature; or
(b) Such fluids have been appropriated pursuant to ORS 537.505 to 537.795 and 537.992.
(2) The provisions of this chapter relating to regulation of production of geothermal resources from a geothermal reservoir apply only to wells with a bottom hole temperature of at least 250 degrees Fahrenheit.
(3) If the bottom hole temperature of a well that was initially at least 250 degrees Fahrenheit falls below 250 degrees Fahrenheit, the State Geologist and the Water Resources Director, after consulting with the well owner, shall determine the agency with regulatory responsibility for that specific well. This determination shall be documented in writing and shall supersede a determination made under subsection (1) or (2) of this section. This chapter does not limit the authority of the Water Resources Department to regulate the appropriation of water pursuant to ORS 537.505 to 537.795 and 537.992. [1975 c.552 §4; 1981 c.589 §1; 2009 c.794 §4]
Structure 2021 Oregon Revised Statutes
Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources
Chapter 522 - Geothermal Resources
Section 522.005 - Definitions.
Section 522.019 - Injection of geothermal fluids; rules; water quality permit.
Section 522.025 - Application.
Section 522.055 - Permit; application; fees.
Section 522.075 - Bond or security; conditions; cancellation.
Section 522.080 - Operator liability.
Section 522.115 - Permit; application; fees.
Section 522.125 - Circulation of application to state agencies; suggested conditions to permit.
Section 522.135 - Permit; time limit for action; grounds for issuance; conditions; fees.
Section 522.145 - Bond or security; conditions; cancellation.
Section 522.155 - Liability for failure to protect ground water and surface water; rules.
Section 522.165 - Request for permit modification; fee.
Section 522.175 - Plugging and decommissioning; rules.
Section 522.225 - Notice of intent to plug and decommission.
Section 522.255 - Resolution of conflicts between geothermal and water uses.
Section 522.325 - Compliance with final order; appeal.
Section 522.355 - Records of well; contents; drill cutting and core samples.
Section 522.365 - Filing record with department; exemption from disclosure.
Section 522.405 - Unitization; development of unit agreement; rules.
Section 522.415 - Unit operation plan.
Section 522.425 - Provisions in rule or order requiring unit operation.
Section 522.445 - Condition to effectiveness of unitization plan and unit agreement.
Section 522.455 - Rehearing on rule or order; judicial review.
Section 522.475 - Board review of disputes over unit operation; appeal.
Section 522.485 - Amendment of unitization plan.
Section 522.505 - Unauthorized operation in unit area prohibited; exemption.
Section 522.515 - When agreement or plan held not to violate state securities or trade law.
Section 522.525 - Land subject to board authority; federal lands.
Section 522.535 - Fees; rules.
Section 522.545 - Rulemaking authority.
Section 522.815 - Rules by board; scope; adoption; notice.
Section 522.915 - False entries, omissions, destruction or removal of records or reports.