reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.220 - Integrating interests or tracts within spacing unit.

(1) When two or more separately owned tracts are embraced within a spacing unit or when there are separately owned interests in all or a part of such spacing unit, then the interested persons may integrate their tracts or interests for the development and operation of the spacing unit.
(2) In the absence of voluntary integration, the governing board of the State Department of Geology and Mineral Industries, upon the application of any interested person, shall make an order integrating all tracts or interests in the spacing unit for the development and operation thereof and for the sharing of production therefrom. The board, as a part of the order establishing one or more spacing units, may prescribe the terms and conditions upon which the royalty interests in the units shall, in the absence of voluntary agreement, be deemed to be integrated without the necessity of a subsequent order integrating royalty interests. Each such integration order shall be upon terms and conditions that are just and reasonable. [Formerly 520.075]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.230 - Approved agreement for cooperative or unit development of pool not to be construed as violating certain regulatory laws.

(1) An agreement for the unit or cooperative development and operation of a field or pool in connection with the conduct of repressuring or pressure maintenance operations, cycling or recycling operations, including the extraction and separation of liquid hydrocarbons from natural gas in connection therewith, or any other method of operation, including water floods, is authorized and may be performed and 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 of the statutes of this state relative to trusts, monopolies or contracts and combinations in restraint of trade, if such agreement is approved by the governing board of the State Department of Geology and Mineral Industries as being in the public interest, for the protection of correlative rights and reasonably necessary to increase ultimate recovery or prevent waste of oil or gas. The failure to submit such an agreement to the board for approval does not, for that reason, imply or constitute evidence that the agreement or operations conducted pursuant thereto violate ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or any statute of this state now or hereafter in effect relating to trusts and monopolies.
(2) An agreement for the unit or cooperative development or operation of a field, pool or part thereof may be submitted to the board for approval as being in the public interest or reasonably necessary to prevent waste or protect correlative rights. Approval by the board 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 statute of this state now or hereafter in effect relating to trusts and monopolies on account thereof or on account of operations conducted pursuant thereto. The failure to submit such an agreement to the board for approval does not, for that reason, imply or constitute evidence that the agreement or operations conducted pursuant thereto violate ORS 59.005 to 59.505, 59.710 to 59.830, 59.991 and 59.995 or any statute of this state now or hereafter in effect relating to trusts and monopolies. [Formerly 520.085; subsection (2) enacted as 1961 c.671 §13; 1963 c.69 §1]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.240 - Voluntary unitization of operations by lessees of tidal or submersible lands; Department of State Lands’ function.

(1) For the purpose of properly conserving the natural resources of any single oil or gas pool or field, lessees under ORS 274.705 to 274.860 and their representatives may unite with each other jointly or separately, or jointly or separately with others owning or operating lands not belonging to the state, in collectively adopting and operating under a cooperative or unit plan of development or operation of the pool or field, whenever it is determined by the Department of State Lands to be necessary or advisable in the public interest.
(2) The Department of State Lands may, with the consent of the holders of the leases involved, establish, alter, change and revoke any drilling and production requirements of such leases, and make such regulations with reference to such leases, with like consent on the part of the lessees, in connection with the institution and operation of any such cooperative or unit plan, as the Department of State Lands deems necessary or proper to secure the proper protection of the interests of the state. [1961 c.619 §33]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.260 - Hearing to determine need for unitization of operations; required findings; order.

(1) The governing board of the State Department of Geology and Mineral Industries upon its own motion may, and upon the application of any interested person shall, hold a hearing to consider the need for the operation as a unit of one or more pools or parts thereof in a field.
(2) The board shall make an order providing for the unit operation of a pool or part thereof if it finds that:
(a) Unit operation is reasonably necessary to effectively carry on pressure control, pressure maintenance or repressuring operations, cycling operations, water flooding operations, injection operations, or any combination thereof, or any other method of recovery designed to substantially increase the ultimate recovery of oil from the pool or pools; and
(b) The value of the estimated additional recovery of oil or gas exceeds the estimated additional cost incident to conducting unit operations. [1961 c.671 §2; 2007 c.672 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.270 - Plan for unit operations.

An order issued pursuant to ORS 520.260 shall be upon terms and conditions that are just and reasonable, and shall prescribe a plan for unit operations that includes the following:
(1) A description of the pool or pools or parts thereof to be so operated.
(2) A statement of the nature of the operations contemplated.
(3) An allocation to the separately owned tracts in the unit area of all the oil and gas that is produced from the unit area and is saved, being the production that is not used in the conduct of operations on the unit area or not unavoidably lost.
(4) A provision for the credits and charges to be made in the adjustment among the owners in the unit area for their respective investments in wells, tanks, pumps, machinery, materials and equipment contributed to the unit operations.
(5) A provision stating how the costs of unit operations, including capital investments, shall be determined and charged to the separately owned tracts and how these costs shall be paid, including a provision stating when, how and by whom the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of such owner, may be sold and the proceeds applied to the payment of such costs.
(6) A provision, if necessary, for carrying or otherwise financing any person who elects to be carried or otherwise financed, allowing a reasonable interest charge for such service payable out of that person’s share of the production.
(7) A provision for the supervision and conduct of the unit operations, in respect to which each person shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against the interest of that person.
(8) The time when the unit operations shall commence, and the manner in which, and the circumstances under which, the unit operations shall terminate.
(9) Additional provisions that are found appropriate for carrying on the unit operations, and for the protection of correlative rights. [1961 c.671 §3]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.280 - Allocation of production under plan; ownership.

(1) The allocation described in ORS 520.270 (3) shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, the governing board of the State Department of Geology and Mineral Industries shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the unit area, exclusive of physical equipment, for development of oil and gas by unit operations. The production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the unit area.
(2) That portion of the unit production allocated to any tract, and the proceeds from the sale thereof, are the property and income of the several persons to whom, or to whose credit, they are allocated or payable under the order providing for unit operations. [1961 c.671 §§4,10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.290 - When unitization order to become effective; supplemental hearings.

(1) No order of the governing board of the State Department of Geology and Mineral Industries providing for unit operations is effective until:
(a) The plan for unit operations prescribed by the board under ORS 520.270 has been approved in writing by (A) those owners who, under the board’s order, will be required to pay at least 75 percent of the costs of the unit operation, and (B) those persons who, at the time of the order of the board, owned of record legal title to 75 percent of royalty and overriding royalty payable with respect to oil and gas produced from the pool or part thereof over the entire unit area; and
(b) The board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved.
(2) If the plan for unit operations has not been approved pursuant to subsection (1) of this section at the time the order providing for unit operations is made, the board shall upon application and notice hold such supplemental hearings as are required to determine if and when the plan for unit operations has been approved. If the persons owning the percentage of interest in the unit area required by subsection (1) of this section do not approve the plan for unit operations within a period of six months after the date on which the order providing for unit operations is made, the order is ineffective and shall be revoked by the board unless the board, for good cause shown, extends the time for approval. [1961 c.671 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.300 - Amending unitization order.

An order providing for unit operations may be amended by an order made by the governing board of the State Department of Geology and Mineral Industries in the same manner and subject to the same conditions as an original order providing for unit operations. However:
(1) If the amendment affects only the rights and interests of the owners, the approval of the amendment by the royalty owners is not required.
(2) The order of amendment may not change the percentage for the allocation of:
(a) Oil and gas as established for any separately owned tract by the original order, except with the consent of all persons owning oil and gas rights in the tract; or
(b) Cost as established for any separately owned tract by the original order, except with the consent of all owners in the tract. [1961 c.671 §6; 2007 c.672 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.310 - Unitization of area including area previously unitized; partial unitization of pool.

(1) The governing board of the State Department of Geology and Mineral Industries by order may provide for the unit operation of a pool or pools or parts thereof that embrace a unit area established by a previous order of the board. The order, in providing for the allocation of unit production, shall first treat as a single tract the unit area previously established, and the portion of the unit production so allocated thereto shall then be allocated among the separately owned tracts included in the previously established unit area in the same proportions as those specified in the previous order.
(2) An order may provide for unit operations on less than the whole of a pool where the unit area is of such size and shape as may reasonably be required for that purpose, and the conduct thereof will have no adverse effect upon other portions of the pool. [1961 c.671 §§7,8; 2007 c.672 §21]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.320 - Unitization order does not terminate prior agreements or affect oil and gas rights; acquisition of property during unit operations.

(1) No division order or other contract relating to the sale or purchase of production from a separately owned tract may be terminated by the order providing for unit operations, but remains in force and applies to oil and gas allocated to that tract until terminated in accordance with the provisions thereof.
(2) Except to the extent that the parties affected so agree, no order providing for unit operations results in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.
(3) All property, whether real or personal, that may be acquired in the conduct of unit operations under ORS 520.260 to 520.330 and 520.230 (2) shall be acquired for the account of the owners within the unit area, and is the property of such owners in the proportion that the expenses of unit operations are charged. [1961 c.671 §§11,12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.330 - Effect of operations in unit area.

All operations, including but not limited to the commencement, drilling or operation of a well, upon any portion of the unit area, are considered for all purposes the conduct of such operations upon each separately owned tract in the unit area by the several owners thereof. The portion of the unit production allocated to a separately owned tract in a unit area, when produced, is considered for all purposes to have been actually produced from that tract by a well drilled thereon. Operations conducted pursuant to an order of the governing board of the State Department of Geology and Mineral Industries providing for unit operations constitute a fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with such obligations cannot be had because of the order of the board. [1961 c.671 §9; 2007 c.672 §22]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.340 - Legislative findings.

The underground storage of natural gas in Oregon is found by the Legislative Assembly to be in the public interest in that the establishment of underground reservoirs of natural gas will help insure the continued, uninterrupted availability of natural gas supplies to residential, commercial and industrial consumers in Oregon during periods of peak demand and during interruptions in the normal flow of natural gas supplies. [1977 c.296 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.350 - Property rights in underground reservoirs for natural gas storage.

(1) All natural gas in an underground reservoir utilized for underground storage, whether acquired by eminent domain or otherwise, shall at all times be the property of the natural gas company utilizing said underground storage, its heirs, successors, or assigns. In no event shall such gas be subject to the rights of the owner of the surface of the land under which said underground reservoir lies or of the owner of any mineral interest therein or of any person other than said natural gas company, its heirs, successors and assigns to release, produce, take, reduce to possessions, or otherwise interfere with or exercise any control thereof.
(2) Any right of condemnation granted for the purposes of ORS 520.340, 772.610 to 772.625 and this section shall be without prejudice to the rights of the owner of the condemned lands or of the rights and interest therein to drill or bore through the underground reservoir in such a manner as shall protect the underground reservoir against pollution and against the escape of natural gas in a manner which complies with the orders and rules of the State Department of Geology and Mineral Industries. Such condemnation shall be without prejudice to the owners of such lands or other rights or interests therein as to all other uses thereof. The additional costs of complying with rules or orders to protect the underground shall be paid by the condemnor. [1977 c.296 §6]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 520 - Conservation of Gas and Oil › Section 520.991 - Penalties.

Subject to ORS 153.022, violation of any provision of this chapter, any rule adopted by the governing board of the State Department of Geology and Mineral Industries under this chapter or any order issued by the board or the State Department of Geology and Mineral Industries under this chapter is a Class B misdemeanor. [1953 c.667 §19; 1999 c.1051 §315; 2007 c.672 §23; 2011 c.597 §221]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.015 - Policy.

(1) The Legislative Assembly hereby finds and declares that:
(a) The people of the State of Oregon have a direct and primary interest in the development of geothermal resources situated in this state.
(b) The State of Oregon, through the State Department of Geology and Mineral Industries, shall control the drilling, redrilling and deepening of wells for the discovery and production of geothermal resources so that such wells will be constructed, operated, maintained, plugged and decommissioned in the manner necessary to safeguard the life, health, property and welfare of the people of this state, to safeguard the air, water and other natural resources of this state, and to encourage the maximum economic recovery of geothermal resources therefrom.
(2) It is the policy of the Legislative Assembly that this chapter be administered:
(a) To prevent damage to and waste of geothermal resources;
(b) To prevent interference with or damage to waters used or to be used for beneficial purposes that may result from improper drilling, operation, maintenance, plugging or decommissioning of geothermal or prospect wells;
(c) To supervise the drilling, operation, maintenance, plugging and decommissioning of geothermal or prospect wells in a manner permitting the operator to utilize all methods known to the industry for the purpose of increasing the ultimate economic recovery of geothermal resources, that are suitable, and consistent with protection of the air, water and other natural resources of the state; and
(d) To provide for the development, management and production of geothermal resources in a manner that minimizes state involvement, enhances resource recovery, prevents waste, maximizes economic development and protects correlative rights of the resource owners. [Formerly 522.050; 1981 c.588 §4; 2009 c.794 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.019 - Injection of geothermal fluids; rules; water quality permit.

(1)(a) In order to accomplish the policy of ORS 522.015 all geothermal fluids derived from geothermal resources shall be reinjected into the same reservoir from which withdrawn unless it is determined by the State Department of Geology and Mineral Industries that these policies and the public interest require other disposal of the fluids.
(b) Subject to the determination in paragraph (a) of this subsection, injection into other reservoirs or disposal by other means may be allowed by the department in specific instances where it is shown that such action is consistent with the policies cited in this section. Disposal by other means may include any secondary use of geothermal fluid after the primary use of such fluid for electrical power generation or for other direct application of the heat or other associated energy contained in such fluids or for by-product extraction. Secondary uses may include, but shall not be limited to, use of condensate resulting from electrical power plant operations for plant-cooling purposes, or use of such geothermal fluid for agricultural, commercial or industrial purposes.
(2) The State Department of Geology and Mineral Industries shall adopt rules governing the disposal by reinjection or other means of geothermal fluids derived from geothermal resources from wells of 250 or more degrees Fahrenheit bottom hole temperature or wells 2,000 or more feet deep. The rules shall include standards whereby contamination may be determined, construction standards for reinjection wells, testing procedures for identifying aquifers, standards and procedures for determining whether adjacent aquifers are being degraded by the reinjection process, guidelines for conservation of the resource, criteria for evaluating reservoirs or zones for geothermal fluid disposal and requirements for prior approval of all geothermal fluid reinjection proposals.
(3) In addition to the permit required by ORS 522.115, an operator of a geothermal well must obtain a water quality permit from the Department of Environmental Quality under ORS 468B.050 or under rules authorized by ORS 468B.195 before injection of any fluid, except well drilling fluids. Nothing in this chapter limits the authority of the Department of Environmental Quality to regulate the subsurface injection of fluids pursuant to ORS 468B.195 and 468B.197. [1979 c.163 §4; 1979 c.547 §1; 2009 c.794 §3; 2023 c.258 §2]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.025 - Application.

(1) The provisions of this chapter relating to the location and drilling of any well for the production of geothermal resources do not apply to any wells producing geothermal resources on July 1, 1975, or wells, other than prospect wells, where:
(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]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.035 - Ownership rights.

Ownership rights to geothermal resources shall be in the owner of the surface property underlain by the geothermal resources unless such rights have been otherwise reserved or conveyed. However, nothing in this section shall divest the people or the state of any rights, title or interest they may have in geothermal resources. [1975 c.552 §21]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.045 - Decommissioned well; jurisdiction.

Any well drilled under authority of this chapter from which usable geothermal resources cannot be derived, or the owner or operator has no intention of deriving usable geothermal resources, and that is not expected to provide information useful to the development of geothermal resources shall be plugged and decommissioned as provided in this chapter or, upon the operator’s written application to the State Department of Geology and Mineral Industries and with the concurrence and approval of the Water Resources Director, jurisdiction over the well may be transferred to the Water Resources Director and, in such case, the well shall no longer be subject to the provisions of this chapter but shall be subject to any applicable laws and rules relating to wells drilled for appropriation and use of ground waters. If an application is made to transfer jurisdiction, a copy of all logs, records, histories and descriptions shall be provided to the Water Resources Director by the applicant. [1975 c.552 §4e; 2009 c.794 §5]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.055 - Permit; application; fees.

(1) A person may not engage in drilling a prospect well except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section.
(2) An application for a permit to drill prospect wells must include:
(a) A plugging and decommissioning plan;
(b) Such other information as the department by rule may require to assess the impacts of the proposed prospect well; and
(c) A nonrefundable fee as determined by the department based on the estimated cost of review of the proposed prospect wells, not to exceed $2,000 per application or permit modification.
(3) Each application may include up to five prospect wells per project area. The project area must be contiguous and include no more than 640 acres.
(4) A permit to drill remains valid until it is revoked or modified by the department based on new information or changed conditions.
(5) The permittee shall pay the department an annual nonrefundable renewal fee of $2,725 on or before the anniversary of each active permit.
(6) A permittee that requests to transfer a permit issued under this section shall pay a nonrefundable fee of $2,000 at the time of the request.
(7) All moneys received by the department under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account established by ORS 516.070. [1975 c.552 §4a; 1991 c.526 §2; 2009 c.794 §6; 2020 s.s.2 c.4 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.065 - Circulation of application to state agencies; suggested conditions to permit; time limit for permit action.

(1) Upon receipt of a complete application to drill prospect wells, the State Department of Geology and Mineral Industries shall circulate copies of the application to the Water Resources Department, the Department of Environmental Quality, the Department of Land Conservation and Development and the Department of State Lands. The State Department of Geology and Mineral Industries may circulate copies to other public agencies that may have an interest in the permit application.
(2) Any public agency receiving a copy of the application as provided in subsection (1) of this section may suggest conditions under which a permit should be granted. A public agency shall submit any suggested conditions to the State Department of Geology and Mineral Industries within 45 days of the public agency’s receipt of the copy of the application. The department shall consider any suggested conditions that a public agency submits to the department within the 45-day period.
(3) A permit issued under this section is subject to such conditions as the department may impose. Included among the conditions shall be provision for the proper and safe plugging and decommissioning of each prospect well. Subject to ORS 522.075, the department shall issue or deny the permit by a written order within 60 days after receipt of a complete application unless the department determines that a longer period is necessary to respond to comments or new information or for other good cause. [1975 c.552 §4b; 2009 c.794 §7]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.075 - Bond or security; conditions; cancellation.

(1)(a) The State Department of Geology and Mineral Industries may not issue a permit for a prospect well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries.
(b) The amount of the bond or alternative form of financial security may not be less than $10,000 for each prospect well or not less than $50,000 for all prospect wells to be drilled.
(2) The bond or alternative form of financial security must be conditioned upon compliance with the requirements of this chapter and rules adopted and orders issued pursuant to this chapter and must secure the state against all losses, charges and expenses, including court costs and attorney fees, incurred by the state in obtaining such compliance.
(3) With the consent of the department, any bond or acceptable alternative form of financial security submitted pursuant to this section may be terminated or canceled. However, the department may not consent to the termination or cancellation of any bond or security until each prospect well covered by such bond or security has been properly and safely plugged and decommissioned pursuant to the plan required by the permit or until another bond or security for each well has been submitted and approved by the department. [1975 c.552 §4c; 1977 c.87 §1; 1979 c.163 §2; 1995 c.146 §1; 2009 c.794 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.080 - Operator liability.

In addition to any other liability imposed by law, the operator of a prospect well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with:
(1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or
(2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equipment and casing design and removal, and any other procedures necessary to shut out detrimental substances from strata containing ground or surface water usable for beneficial purposes. [2009 c.794 §8]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.085 - Report certifying completion of decommissioning plan.

Upon completion of all drilling and testing undertaken pursuant to an application to drill prospect wells, the applicant shall file with the State Department of Geology and Mineral Industries a report certifying the completion of the plugging and decommissioning plan required by the permit. [1975 c.552 §4d; 2009 c.794 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.115 - Permit; application; fees.

(1) A person may not engage in the drilling or operating of any geothermal well except in compliance with a permit issued by the State Department of Geology and Mineral Industries under this section.
(2) An application for a permit to drill or operate a geothermal well must include:
(a) The location and elevation of the floor of the proposed derrick.
(b) The number or other designation approved by the department by which the well shall be known.
(c) The applicant’s estimate of the depths to be drilled.
(d) The nature and character of the geothermal resource sought.
(e) A reclamation plan for the well pad.
(f) Such other information as the department by rule may require to assess the impact of the proposed geothermal well.
(g) A nonrefundable fee of $2,000.
(3) The permittee shall pay an annual nonrefundable renewal fee of $2,725 on or before the anniversary of each active permit.
(4) A request by a permittee to modify a permit shall be accompanied by a nonrefundable fee not to exceed $2,000.
(5) A request by a permittee to transfer a permit issued under this section must be accompanied by a nonrefundable fee of $2,000.
(6) All moneys received by the department under this section shall be paid into the State Treasury and deposited in the General Fund to the credit of the Geology and Mineral Industries Account established by ORS 516.070. [1975 c.552 §5; 1977 c.87 §2; 1991 c.526 §3; 2009 c.794 §11; 2020 s.s.2 c.4 §9]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.125 - Circulation of application to state agencies; suggested conditions to permit.

(1) Upon receipt of a complete application for a permit to drill or operate a geothermal well, the State Department of Geology and Mineral Industries shall circulate copies of the application to the Water Resources Department, the State Department of Fish and Wildlife, the Department of Environmental Quality, the State Parks and Recreation Department, the Department of Land Conservation and Development, the State Department of Energy, the Department of State Lands and the governing body of the county and the geothermal heating district in which the well will be located. The State Department of Geology and Mineral Industries may circulate copies to other public agencies that have an interest in the application.
(2) Any public agency receiving a copy of the application as provided in subsection (1) of this section may suggest conditions under which a permit should be granted. A public agency shall submit any suggested conditions to the State Department of Geology and Mineral Industries within 45 days of the public agency’s receipt of the copy of the application. The department shall consider any suggested conditions that a public agency submits to the department within the 45-day period. [1975 c.552 §6; 1981 c.694 §5; 1989 c.904 §66; 2009 c.794 §12]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.135 - Permit; time limit for action; grounds for issuance; conditions; fees.

(1) Within 60 days after receipt of a complete application for a permit to drill or operate a geothermal well, the State Department of Geology and Mineral Industries shall by order issue or deny the permit unless the department determines that a longer period is necessary to respond to comments or new information or for other good cause.
(2) Except as provided in ORS 522.145, the department shall issue the permit if, after receipt of comments from the agencies referred to in ORS 522.125, the department determines that issuance of the permit would be consistent with the provisions of this chapter and ORS chapters 468A, 468B and 537, any rule adopted under this chapter by the governing board of the department, any rule adopted by the Water Resources Commission under ORS chapter 537 and any rule adopted under ORS chapter 468 or 468B by the Environmental Quality Commission.
(3) If the department issues a permit pursuant to this section, the department shall impose such conditions as the department considers necessary to carry out the provisions of this chapter and ORS chapters 468A, 468B and 537, any rule adopted under this chapter by the governing board of the department, any rule adopted by the Water Resources Commission under ORS chapter 537 and any rule adopted under ORS chapter 468 or 468B by the Environmental Quality Commission. The department shall include in the permit a statement that issuance of the permit does not relieve any person from any obligation to comply with ORS 468B.035, 468B.050, 468B.195, 537.090 or 537.535 or any other applicable state or federal environmental laws.
(4) The State Geologist shall incorporate into the permit requirements:
(a) Any conditions made by the Water Resources Director necessary to comply with the purposes set forth in ORS 537.525; and
(b) Any conditions made by the Department of Environmental Quality necessary to comply with the purposes set forth in ORS 468A.010 and 468B.015. [1975 c.552 §7; 1981 c.694 §6; 1991 c.526 §4; 2009 c.794 §13; 2020 s.s.2 c.4 §10]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.145 - Bond or security; conditions; cancellation.

(1)(a) The State Department of Geology and Mineral Industries may not issue a permit for a geothermal well until the applicant has provided a bond or alternative form of financial security as specified in rules adopted by the governing board of the State Department of Geology and Mineral Industries.
(b) The amount of the bond or alternative form of financial security may not be less than $25,000 for each well or not less than $150,000 for all wells to be drilled.
(2) The bond or alternative form of financial security must be conditioned upon compliance with the requirements of this chapter and rules adopted and orders issued pursuant to this chapter and must secure the state against all losses, charges and expenses, including court costs and attorney fees, incurred by the state in obtaining such compliance.
(3) With the consent of the department, any bond or acceptable alternative form of financial security submitted pursuant to this section may be terminated or canceled. However, the department may not consent to the termination or cancellation of any bond or security until each geothermal well covered by such bond or security has been properly and safely plugged and decommissioned pursuant to the plan required by the permit or until another bond or security for each well has been submitted and approved by the department. [1975 c.552 §8; 1977 c.87 §3; 1981 c.694 §7; 1995 c.146 §2; 2009 c.794 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.155 - Liability for failure to protect ground water and surface water; rules.

In addition to any other liability imposed by law, the operator of a geothermal well shall be liable to any person or public agency that sustains damages from failure of the operator to comply with:
(1) A condition in a permit requiring the operator to provide for the protection of ground water in the area affected by the well; or
(2) Any rules of the governing board of the State Department of Geology and Mineral Industries establishing standards for blowout prevention, equipment and casing design and removal, and any other procedures necessary to shut out detrimental substances from strata containing ground or surface water usable for beneficial purposes. [1975 c.552 §9; 2009 c.794 §15]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.165 - Request for permit modification; fee.

(1) A permittee must make a request to modify a permit before changing the location, number or designation specified for any geothermal well or before undertaking to alter in any manner the casing of a geothermal well.
(2) A request to modify a permit under this section, except for changes to a well name, shall be accompanied by the nonrefundable fee specified in ORS 522.115. [1975 c.552 §10; 2009 c.794 §16]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.175 - Plugging and decommissioning; rules.

(1) No person shall abandon a geothermal well without first plugging and decommissioning the well in conformance with a plugging and decommissioning plan approved by the State Department of Geology and Mineral Industries and complying with the provisions of ORS 522.245.
(2) The governing board of the department shall adopt rules designed to:
(a) Protect underground and surface water usable for beneficial purposes from pollution resulting from infiltration or addition of any detrimental substance;
(b) Prevent the escape of all fluids to the surface;
(c) Close the surface aperture of the well; and
(d) Remove all surface equipment except that necessary to maintain permanent closure of the well. [1975 c.552 §11; 1981 c.694 §8; 2009 c.794 §17]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.195 - Monthly production statement; rules.

Except as excluded by rule adopted by the governing board of the State Department of Geology and Mineral Industries, the operator of any completed geothermal well shall file with the department a monthly statement of the geothermal resources production from such well during the preceding calendar month. [1975 c.552 §14]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.205 - Notice by prospective operator of transfer or purchase of well; application; fee; notice by buyer of land of transfer or purchase; rules.

(1) Except as excluded from the provisions of this section by rule of the governing board of the State Department of Geology and Mineral Industries, any prospective operator of a geothermal well shall notify the department in such form as the department may direct of the purchase, assignment, transfer, conveyance or exchange of the well within 45 days of the purchase and shall accompany such notice with an application for transfer of the permit for the particular well. The application must include the transfer fee specified in ORS 522.115.
(2) Any buyer of land on which a geothermal well is located shall notify the department of the purchase, assignment, transfer, conveyance or exchange of the land upon which such well is situated within 45 days of such purchase. [1975 c.552 §15; 2009 c.794 §18]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.215 - Suspension of drilling or operation; application; terms; extension; presumption of abandonment; unlawful abandonment; notice; proceedings against operator.

(1) No operator shall suspend drilling or operation of a geothermal well without obtaining permission from the State Department of Geology and Mineral Industries.
(2) The department may authorize an operator to suspend for a specific period operations or remove equipment from an uncompleted geothermal well upon such terms as the department may specify, upon written application of the operator and an affidavit showing good cause therefor.
(3) Within a period of six months from the ending date specified for such suspension, the operator may make written application for an extension of suspension and file it with an affidavit showing good cause for such an extension. Upon a finding that the extension is merited, the governing board of the department may extend the suspension for an additional specific period.
(4) If, after suspension, operations are not resumed by the operator within six months from the ending date specified for the suspension or extension thereof, an intention to abandon and unlawful abandonment shall be presumed.
(5) Whenever an operator whose operations have been suspended fails to comply with such terms as the department may specify in its authorization, the geothermal well shall be presumed unlawfully abandoned. A well shall also be deemed unlawfully abandoned, if, without notice to the department, any drilling or producing equipment is removed.
(6) An unlawful abandonment shall be declared by order of the board, and written notice thereof shall be mailed by registered mail or by certified mail with return receipt both to such operator at the last-known post-office address of the operator, to the registered agent of the operator, if any, and to the operator’s sureties.
(7) After declaration of unlawful abandonment, the board may proceed against the operator and the surety of the operator as provided for in ORS 522.145 and may bring suit pursuant to ORS 522.810 or take any other enforcement or recovery action authorized by law. [1975 c.552 §16; 1981 c.694 §9; 1991 c.249 §39; 2009 c.794 §19]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.225 - Notice of intent to plug and decommission.

(1) Before commencing any operation to discontinue the use of a geothermal well, the operator shall give notice to the State Department of Geology and Mineral Industries of the intention to plug and decommission the well and the date upon which the work will begin.
(2) Such notice shall be given at least 24 hours before the commencement of plugging and decommissioning operations and shall indicate:
(a) The condition of the well;
(b) The proposed method of the plugging and decommissioning operation; and
(c) Any additional information that may be required by the department. [1975 c.552 §17; 2009 c.794 §20]
2023 Oregon Revised Statutes › Volume : 14 - Drugs and Alcohol, Fire Protection, Natural Resources › Chapter 522 - Geothermal Resources › Section 522.245 - Department approval of plugging and decommissioning; report by operator; effect of failure to comply; proceedings against operator.

(1) A representative of the State Department of Geology and Mineral Industries may be present during any operation to plug and decommission a geothermal well. If the representative determines that the plugging and decommissioning is satisfactory, the representative shall approve the plugging and decommissioning of the well.
(2) Within 45 days after the completion of the plugging and decommissioning of any geothermal well, the operator of the well shall make a written report of all work done. Within 45 days after the receipt of the report, the department shall furnish the operator with a written final approval of the plugging and decommissioning or a written disapproval setting forth the conditions upon which the disapproval is based.
(3) Failure to plug and decommission in accordance with the approved method, failure to submit to the department any notice or report required by this chapter or failure to furnish the department with any required information shall constitute sufficient grounds for disapproval of the plugging and decommissioning and shall constitute unlawful abandonment of the well.
(4) When the department has issued a written disapproval of the plugging and decommissioning, the governing board of the department may proceed against the operator and the surety of the operator as provided for in ORS 522.145 and may bring suit pursuant to ORS 522.810 or take any other enforcement or recovery action authorized by law. [1975 c.552 §19; 1981 c.694 §10; 2009 c.794 §21]