reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-16 - Suspension of permits

Current through June, 2024
The chairperson may issue an order immediately suspending
					 operations conducted under a geothermal exploration permit if the permittee is
					 in violation of any terms or conditions of the permit or, in the judgment of
					 the chairperson, the operations jeopardize the health, safety, and welfare of
					 the public. Any suspension shall be referred to and reviewed by the board at
					 its next regular meeting.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-17 - Cancellation of permits

Current through June, 2024
The board may cancel an exploration permit if it finds,
					 after notice to the permittee and allowance for an opportunity for hearing and
					 compliance with the requirements of the permit, that permit requirements are
					 not being observed.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 2 - GEOTHERMAL EXPLORATION PERMITS › Section 13-183-18 - Compliance with applicable laws

Current through June, 2024
The permittee shall be required to comply with the
					 requirements of all federal, state, and applicable county laws, rules, and
					 regulations.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-19 - Geothermal mining leases

Current through June, 2024
The board may, in accordance with these rules grant mining
					 leases conveying to the lessee the exclusive rights to drill, discover,
					 develop, operate, utilize, and sell geothermal resources on state and reserved
					 lands, subject, however, to the board's right to issue exploration permits on
					 the leased land for the sole purpose of evaluating the extent of geothermal
					 resources existing on adjacent state or reserved land. The board shall set
					 forth the terms and conditions of the mining lease prior to the public
					 auctioning or granting without public auction.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-20 - Geothermal resources available for leasing

Current through June, 2024
All state and reserved lands shall, at the discretion of
					 the board, be considered available for geothermal mining
					 leases.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-21 - Persons eligible to hold leases

Current through June, 2024
Any person as defined in §
										13-183-3 of these rules shall be
					 eligible to lease geothermal resources in state or reserved lands or take or
					 hold an interest therein, unless the person is in arrears in the payment of
					 taxes, rents or other obligations owing the State or any of its political
					 subdivisions.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-22 - Mining leases by public auction

Current through June, 2024
Mining leases on state lands shall be granted only on a
					 competitive bid basis at public auction as provided in subchapter
					 4.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-23 - Mining leases without public auction

Current through June, 2024
Mining leases on reserved lands may be granted on a
					 competitive bid basis by public auction or without public auction to the
					 occupier or to his assignee of the rights to obtain a mining lease, upon the
					 vote of two-thirds of the board members, pursuant to §
										182-5,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-24 - Size of leaseable tract

Current through June, 2024
Unless otherwise approved by the board a geothermal mining
					 lease shall not embrace an area of more than 5,000 acres of contiguous land. No
					 lease shall grant and include an area of more than 2,560 acres of contiguous
					 land if that area's longest dimension is six times greater than its narrowest
					 dimension. A geothermal mining lease shall embrace an area of not less than 100
					 acres, unless the board, at its discretion, deems otherwise.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-26 - Revocation of mining leases

Current through June, 2024
(a) A mining lease
				  may be revoked by the board if the lessee fails to pay rentals or royalties
				  when due or fails to comply with any of the other terms of the lease, law, or
				  rules, or if the lessee wholly ceases all mining operations for a period of one
				  year without the written consent of the board for reasons other than force
				  majeure or the production of less than commercial quantities of geothermal
				  resources or by-products. Before revocation of a lease for defaults other than
				  the failure to pay rents or royalties when due, the board shall give the lessee
				  written notice of the claimed default and an opportunity to be heard within
				  thirty days of the notice. The lessee shall be allowed sixty days to correct
				  the default or, if the default is one that cannot be corrected within sixty
				  days to commence in good faith and thereafter proceed diligently to correct the
				  default, following written notice of a determination after hearing by the board
				  that the default exists. Failure to comply with the foregoing shall be deemed
				  sufficient cause for revocation. Defaults arising because of failure to pay
				  rents or royalties when due shall be cured within sixty days of a written
				  notice of default or the lease may be revoked. In the alternative, the lessee
				  may surrender the lease pursuant to § 13-183-27.
(b) Upon the revocation of a geothermal
				  mining lease, lessor shall have the right to retain the improvements or require
				  the lessee to remove the same and restore the premises to a similar condition
				  prior to any development or improvements, to the extent reasonably
				  possible.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-27 - Surrender of mining leases

Current through June, 2024
Any lessee of a mining lease, who has complied fully with
					 all the terms, covenants, and conditions of an existing lease and provisions of
					 these rules, may with the consent of and under the terms and conditions set by
					 the board surrender at any time and from time to time all or any part of the
					 mining lease or the land contained therein upon payment as consideration
					 therefor two years' rent prorated upon the portion of the lease or land
					 surrendered pursuant to §
										182-13,
					 Hawaii Revised Statutes, unless the law provides otherwise. Upon any approved
					 surrender, the lessee shall be relieved of all further obligations with respect
					 to the lands so surrendered except for previous activities conducted on the
					 land or under the lease. A mining lease may also be surrendered if, as a result
					 of a final determination by a court of competent jurisdiction, the lessee is
					 found to have acquired no rights in or to the minerals on reserved lands, nor
					 the right to exploit the same, pursuant to the lease, and, in such event, the
					 lessee shall be reimbursed for all rentals, royalties, and payments paid to the
					 State pursuant to the lease. The lessee shall be entitled to all equipment,
					 buildings, and plants placed on the land surrendered and the lessor may require
					 the lessee to remove the same and restore the premises to a similar condition
					 prior to any development or improvements, to the extent reasonably
					 possible.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-28 - Number of mining leases; undeveloped acreage limitations

Current through June, 2024
(a)
				  There shall be no limit on the number of geothermal mining leases that may be
				  granted to a person undertaking any geothermal mining operation or production,
				  unless otherwise authorized by law.
(b) No person shall, unless it is a
				  charitable trust existing in the State of Hawaii on the effective date of these
				  rules, take hold, own, or control at any one time, whether acquired from the
				  board under these rules by lease or approved transfer of lease, or indirectly,
				  a divided or undivided interest in geothermal resources in state or reserved
				  lands in excess of 80,000 undeveloped acres. This acreage limitation may be
				  increased by the board where, in the opinion of the board, the increase is in
				  the best interest of the State in the promotion and development of geothermal
				  resources.
(c) In computing total
				  holdings, ownership, or control, no person shall be charged with an interest
				  through any association, firm or corporation unless it is the beneficial owner
				  of ten percent or more of the stock or other instruments of ownership or
				  control of the association, firm, or corporation. In this case and in the case
				  of an undivided interest, the amount of acreage chargeable to the person shall
				  be the pro-rata amount of acreage based on the percentage of stocks or interest
				  owned. Persons owning an overriding royalty or other interest determined by or
				  payable out of a percentage of production from a lease shall be charged with an
				  interest. Undeveloped acreage which subsequently is unitized with the approval
				  of the board or is actually producing geothermal resources in commercial
				  quantities and paying production royalties shall not be included in accountable
				  interests in determining the 80,000-acre undeveloped acreage limitation. Any
				  and all leases creating the excess undeveloped acreage may be canceled or
				  forfeited in their entirety by the board. A person may hold an unlimited
				  interest in acreage which is producing geothermal resources and paying
				  production royalties.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-30 - Rentals

Current through June, 2024
(a) The lessee of a mining lease shall pay to
				  the State in advance each year the annual rental specified for each acre or
				  fraction thereof under the lease. The annual rental for the first year of the
				  lease shall be due and payable and shall be received in the office of the
				  department in Honolulu within two days after the acceptance of the bid by the
				  board and the $500 bid deposit shall be credited against the sum. Where a lease
				  is granted without public auction, the board may impose other terms and
				  conditions for first-year rental payment. Second year and subsequent rental
				  payments shall be received in the office of the department in Honolulu on or
				  before the anniversary date of the lease.
(b) Annual rentals for each acre or fraction
				  thereof under lease by public auction or negotiation shall be at the price bid
				  at public auction or as set by the board, respectively. The annual rental due
				  and paid each year shall be credited against production royalties due and
				  accrued during that same year. The annual rental due a given year shall not be
				  credited against production royalties due in future years.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-32 - Commingling

Current through June, 2024
Lessee shall have the right, at its election prior to
					 sale, to commingle geothermal resources produced from the leased land with that
					 produced from other leases held by lessee or by other lessees as specified in
					 the lessee's approved plan of operation for the lease. Prior to commingling of
					 geothermal production the lessee shall determine the quantities and value of
					 the production upon which royalties are due under the lease and shall make all
					 determinations, measurements, and samples in accordance with good geothermal
					 industrial practices.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-34 - Bond requirements

Current through June, 2024
Every lessee of a mining lease or transferee thereof shall
					 file with the board, a bond in the amount of $10,000 in a form approved by the
					 board and made payable to the State, conditioned upon faithful performance of
					 all requirements of chapter
					 182, Hawaii Revised Statutes, of
					 these rules, and of the mining lease, and also conditioned upon full payment by
					 the lessee of all damages suffered by the occupiers, in the case of state and
					 reserved lands. If any person holds more than one lease in the State it may
					 file with the board in lieu of separate bonds for each lease or a blanket bond
					 in the amount of $50,000.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-36 - Hold harmless

Current through June, 2024
In addition to the insurance requirements of §
										13-183-35 the mining lessee shall
					 expressly agree to hold harmless and indemnify the State and its divisions,
					 departments, agencies, officers, agents and employees, together with the owner
					 or lessee of the surface rights of the leased land, if any, from any and all
					 liabilities and claims for damages or suits for or by reason of death or injury
					 to any person or damage to property of any kind whatsoever, whether the person
					 or property of mining lessee, his agents, employees, contractors, or invitees,
					 or third persons, from any cause or causes whatsoever caused by any occupancy,
					 use, operation or any other activity on the leased land or its approaches,
					 carried on by the mining lessee, his agents, employees, contractors, or
					 invitees, in connection therewith; and the mining lessee shall covenant and
					 agree to indemnify and save harmless the State, the board, the chairperson, the
					 department, owner or lessee of surface rights if there be one, and their
					 officers, agents, and employees from all liabilities, charges, expenses
					 (including counsel fees) and costs on account of or by reason of any death or
					 injury, damage, liabilities, claims, suits or losses.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 3 - LEASES GENERALLY › Section 13-183-37 - Title

Current through June, 2024
The State does not warrant title to the leased lands or
					 the geothermal resources and associated byproducts which may be discovered
					 thereon; the lease is issued only under the title as the State may have as of
					 the effective date of the lease or may thereafter acquire. If the interest
					 owned by the State in the leased lands includes less than the entire interest
					 in the geothermal resources and associated byproducts for which royalty is
					 payable as determined by the courts or otherwise, then the rents and royalties
					 provided for in the lease shall be paid to the State only in the proportion
					 which its interest bears to the whole for which royalty is payable, and the
					 State shall be liable to those persons for any prior payments made as adjudged
					 by the courts or otherwise; provided, however, that the State shall not be
					 liable for any damages sustained by the lessee. The geothermal resources shall
					 be considered a property right.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-38 - Application to board; filing fee

Current through June, 2024
(a) Any person as
				  defined in these rules may apply to the board for a mining lease on state
				  lands. The board at its discretion may offer the lands for lease. The applicant
				  shall submit three copies of a written application on forms provided by the
				  department and all application forms shall be completed in full, signed by the
				  applicant or his authorized representative with proof of authorization, three
				  copies of all necessary exhibits, and the filing fee.
(b) Each application for a mining lease shall
				  be accompanied by a non-refundable filing fee in the amount of $100.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-39 - Lease application exhibits

Current through June, 2024
(a) Each
				  application for a geothermal mining lease shall be accompanied by the following
				  exhibits:
(1) An accurate description and map
				  of the land desired to be leased.
(2) A description of the known or potential
				  geothermal resource desired to be leased for exploration and
				  development.
(3) Brief preliminary
				  proposal of plan for geothermal exploration and development and an assessment
				  of the environmental impact from geothermal resource exploration and
				  development.
(4) Certificate that
				  the applicant is qualified to hold a mining lease under § 13-183-21 and
				  that the officer executing the application is authorized to act on behalf of
				  the partnership, corporation, or association, and that geothermal interests
				  held do not exceed the acreage limitation prescribed in §
				  13-183-28.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-40 - Public notice of lease applications

Current through June, 2024
Public notice of lease applications shall be as provided
					 in §
										182-4,
					 Hawaii Revised Statutes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-41 - Consideration of applications

Current through June, 2024
Within twelve weeks from the date of the first publication
					 of notice of a lease application for state land or as soon as practicable
					 thereafter, the board may hold a public hearing to decide whether or not to
					 lease the land and if deemed appropriate may modify the area sought to be
					 leased. Prior to making its decision, the board may require an applicant to
					 submit a full evaluation of the potential effect of geothermal exploration and
					 development on the environment, fish and wildlife resources, aesthetics,
					 population, and other resources in the area. This evaluation shall consider the
					 potential impact of possible geothermal development and utilization including
					 the construction of power generating plants and transmission facilities. The
					 board shall consider the views and recommendations of other governmental
					 agencies, organizations, industries and lease applicants and shall consider all
					 other potential factors, such as use of the land and its natural resources, the
					 need for geothermal energy development and socioeconomic conditions consistent
					 with multiple-use management principles. The board's decision whether or not to
					 lease and selection of the area to be offered for lease shall be final and not
					 subject to judicial review.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-42 - Rejection of lease applications

Current through June, 2024
If the board determines that the existing or reasonably
					 foreseeable future use of the land being sought for lease would be of greater
					 benefit to the State than the proposed mining use of the land, it may
					 disapprove the application for a mining lease of the land.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-43 - Approval of lease applications

Current through June, 2024
If the board determines that the proposed mining use of
					 the land would be of greater benefit to the State than the existing or
					 reasonably foreseeable future use of the land, the board shall determine the
					 area to be offered for lease and determine any special terms and conditions to
					 be included in the lease to provide for orderly and optimum geothermal
					 development, to protect the environment, to permit use of the land for other
					 purposes, and to protect other natural resources.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-44 - Public notice of lease sales

Current through June, 2024
When the board has approved a mining lease to be offered
					 for sale by competitive bidding at public auction, it shall cause a notice to
					 be published in a newspaper of general circulation in the State and in the
					 county where the land is located at least once in each of three successive
					 weeks, setting forth the time and place of public auction, the description of
					 the land, the geothermal rights to be leased, and the terms and conditions of
					 the lease sale including upset or minimum rental rate, royalties, cash bonus,
					 percentage of the net profit or otherwise. The notice shall also indicate that
					 a proposed plan of operation shall be filed and approved before the lessee
					 shall be permitted to commence operations of any kind.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-45 - Qualification of bidders

Current through June, 2024
At least thirty days before the announced date of any
					 public auction, all bidders shall have submitted to the board evidence of their
					 experience and financial ability to conduct geothermal explorations, drill
					 geothermal wells, and develop geothermal resources.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-46 - Bidding requirements

Current through June, 2024
On or before the announced date of the public auction,
					 each prospective bidder shall deposit with the board a certified or cashier's
					 check payable to the State in the amount of $500 and submit a statement that
					 the person is eligible to hold a mining lease as prescribed in §
										13-183-21. The deposit shall be
					 forfeited by prospective bidders who fail to bid or returned to the
					 unsuccessful bidders.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 4 - LEASES; PROCEDURE FOR STATE LANDS › Section 13-183-47 - Award and execution of leases

Current through June, 2024
(a) The lease
				  offered for bid shall be awarded to the highest responsible qualified bidder.
				  The board reserves the right to reject any and all bids or waive any defects
				  which will be in the best interest of the State. If the board fails to award
				  the lease within sixty days after the date of the public auction, all bids for
				  that lease will be considered rejected. Deposits on rejected bids shall be
				  returned. Within two days after acceptance by the board of the highest
				  responsible bid, the successful bidder shall pay to the board the amount of the
				  first year's rental bid and the $500 deposit shall be credited against the
				  sum.
(b) Three copies of the lease
				  will be sent to the successful bidder who shall within thirty days from
				  delivery thereof be required to execute and return them, and to file the
				  required bond or bonds. When the three copies of the lease are executed by the
				  successful bidder and returned to the chairperson, the lease will be executed
				  by the authorized officers of the board and a copy will be mailed to the
				  lessee. If the successful bidder fails to execute the lease or otherwise comply
				  with the applicable rules, their deposit will be forfeited.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 5 - LEASES; PROCEDURES FOR RESERVED LANDS › Section 13-183-48 - Application to board

Current through June, 2024
Applications for mining lease on reserved lands shall be
					 made to the board in accordance with §
										13-183-38,
					 13-183-39,
					 13-183-42 and
					 13-183-43.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 5 - LEASES; PROCEDURES FOR RESERVED LANDS › Section 13-183-49 - Approval of leasing by public auction

Current through June, 2024
If the occupier or the assignee of the right to obtain a
					 mining lease fails to apply for a mining lease within six months from the date
					 of notice from the board of its finding of public interest that the reserved
					 lands be mined, a mining lease shall be granted by public auction under
					 subchapter 4, provided that the bidders at the public auction shall bid on an
					 amount to be paid to the State for a mining lease granting to the lessee the
					 right to develop the geothermal resources reserved to the State. The board may
					 also require the payment of a cash bonus, percentage of the net profit, or
					 otherwise.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 5 - LEASES; PROCEDURES FOR RESERVED LANDS › Section 13-183-50 - Approval of leasing without public auction

Current through June, 2024
The board may, by the vote of two-thirds of its voting
					 members, grant a mining lease on reserved lands to the occupier thereof or the
					 occupier's assignee of the right to apply for a lease thereof without public
					 auction pursuant to §
										182-5,
					 Hawaii Revised Statutes. The board shall determine the annual rental to be paid
					 to the State for the right to develop and utilize the geothermal resources
					 reserved to the state and the royalty on geothermal production as prescribed in
					 §
										13-183-31. The board may also
					 require the payment of cash bonus, percentage of the net profit, or
					 otherwise.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 6 - LEASES; SURFACE RIGHTS AND OBLIGATIONS › Section 13-183-51 - Compensation to occupiers

Current through June, 2024
The mining lessee shall negotiate in good faith with the
					 occupier of state or reserved lands for the settlement of all claims for
					 damages to occupier's crops, improvements, or surface of the land caused by the
					 mining lessee's operations. The lessee shall hold the board exempt and harmless
					 from and against any and all damage claims. Nothing herein shall be construed
					 to prevent the occupier of reserved lands from demanding and receiving rentals
					 from the lessee of the mining lease. The occupier may, in writing before or
					 within thirty days after the public auction, notify the board to either have
					 the amount of damages or the amount of rentals be paid as compensation as a
					 result of the award of a mining lease.
Compensation shall be determined by arbitration with the
					 successful bidder and shall proceed in accordance with chapter
					 658 of the Hawaii Revised Statutes.
					 The arbitrators in fixing the amount of damages to be paid to the occupier
					 shall award an amount which, in their judgement, shall fairly compensate the
					 occupier for the damages suffered to crops or improvements or to the surface or
					 condition of the land caused by the mining or other incidental operations,
					 including exploratory work, and a reasonable rental for the use of the surface
					 of the land. If the arbitrators are unable, for any reason, to determine the
					 amount of the damages, the arbitration hearing may be continued for a
					 reasonable time to determine more accurately the amount of damages suffered.
					 Nothing herein shall prevent the occupier from reopening the arbitration in the
					 event of further damages.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 6 - LEASES; SURFACE RIGHTS AND OBLIGATIONS › Section 13-183-52 - Mining lessee's rights

Current through June, 2024
The lessee shall be entitled to use and occupy only so
					 much of the surface of leased lands as may be required for all purposes
					 reasonably incidental to exploration for, drilling for, production and
					 marketing of geothermal resources and associated by-products produced from the
					 leased lands, including the right to construct and maintain thereon all works,
					 buildings, plants, waterways, roads, communication lines, pipelines,
					 reservoirs, tanks, pumping stations or other structures necessary to the full
					 enjoyment and development thereof, consistent with an approved plan of
					 operation and amendments thereto, as provided in §
										13-183-55 and
					 13-183-56.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 6 - LEASES; SURFACE RIGHTS AND OBLIGATIONS › Section 13-183-53 - General conditions

Current through June, 2024
(a) Use of state
				  lands under the jurisdiction and control of the board are subject to the
				  supervision of the board. Use of state lands under the control of the other
				  state agencies are subject to the supervision of the appropriate state agency
				  consistent with these rules.
(b)
				  The board reserves the right to lease, sell or otherwise dispose of the surface
				  of state lands embraced within a mining lease, insofar as the surface is not
				  necessary for use by the lessee in the exploration, development and production
				  of the geothermal resources and associated by-products, but any lease, sale, or
				  other disposal of surface rights if made, shall be subject to the rights of the
				  mining lessee.
(c) The chairperson
				  shall be permitted at all reasonable times to go in and upon the leased lands
				  and premises, during the term of a mining lease, to inspect the operations and
				  the products obtained from the leased lands and to post any notice that the
				  board may deem fit and proper.
(d)
				  During operations, the lessee shall regulate public access and vehicular
				  traffic to cause the least practicable interference with the use of the surface
				  of the land and to protect human life, wildlife, livestock and property from
				  hazards associated with the operations. For this purpose, the lessee shall
				  provide warnings, fencing, flagmen, barricades, well and hole coverings and
				  other safety measures as appropriate. Restrictions on access must be approved
				  by the chairperson as part of the plan of operations and amendments thereto
				  required under § 13-183-55.
(e) Lessee shall take all necessary steps in
				  the exploration, development, production and marketing of geothermal resources
				  to avoid a threat to life or property or posing an unreasonable risk to
				  subsurface, surface or atmospheric resources.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-54 - General terms

Current through June, 2024
(a) The operator under a lease shall conduct
				  all operations in a manner that conforms to the most prudent practices and
				  engineering principles in use in the industry. Operations shall be conducted in
				  a manner that protects the natural resources including without limitation,
				  geothermal resources, and to obtain efficiently the maximum ultimate recovery
				  of geothermal resources, consistent with other uses of the land with minimal
				  impact on the environment. Operations shall be conducted with due regard for
				  the safety and health of employees. The operator shall promptly remove from the
				  leased lands or store, in an orderly manner, all scraps or other materials not
				  in use and shall notify the chairperson of all accidents within twenty-four
				  hours and submit a written report within thirty days.
(b) The operator of a lease shall comply with
				  all of the requirements, laws, rules, and regulations of the United States, the
				  State and the appropriate county pertaining to the use of the premises or
				  conduct of the operation.
(c) The
				  operator of a lease shall take all reasonable precautions to prevent waste and
				  damage to any natural resources including:
(1)
				  Vegetation, forests, and fish and wildlife;
(2) Injury or damage to persons, real or
				  personal property; and
(3)
				  Degradation of the environment.
The chairperson may inspect lessee's operations and issue
					 orders necessary to accomplish these purposes.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-55 - Plan of operations required

Current through June, 2024
(a) A lessee shall
				  not commence operations of any kind prior to submitting to the chairperson for
				  board approval a plan of operations. The plan shall include:
(1) The proposed location and elevation above
				  sea level of derrick, proposed depth, bottom hole location, casing program,
				  proposed well completion program and the size and shape of drilling site,
				  excavation and grading planned, and location of existing and proposed access
				  roads;
(2) Existing and planned
				  access, access controls and lateral roads;
(3) Location and source of water supply and
				  road building material:
(4)
				  Location of camp sites, air-strips, and other supporting facilities;
(5) Other areas of potential surface
				  disturbance;
(6) The topographic
				  features of the land and the drainage patterns;
(7) Methods for disposing of well effluent
				  and other waste;
(8) A narrative
				  statement describing the proposed measures to be taken for protection of the
				  environment, including, but not limited to the prevention or control of:
(A) Fires,
(B) Soil erosion,
(C) Pollution of the surface and ground
				  water,
(D) Damage to fish and
				  wildlife or other natural resources,
(E) Air and noise pollution and
(F) Hazards to public health and safety
				  during lease activities.
(9) A geologist's preliminary survey report
				  on the surface and sub-surface geology, nature and occurrence of the known or
				  potential geothermal resources, surface water resources, and ground water
				  resources;
(10) All pertinent
				  information or data which the chairperson may require to support the plan of
				  operations for the utilization of geothermal resources and the protection of
				  the environment;
(11) Provisions
				  for monitoring deemed necessary by the chairperson to insure compliance with
				  these rules for the operations under the plan.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-56 - Amendments to plan operations

Current through June, 2024
After completion of all operations authorized under any
					 previously approved plan of operation, the lessee shall not begin to redrill,
					 repair, deepen, plug back, shoot, or plug and abandon any well, make casing
					 tests, alter the casing or liner, stimulate production, change the method of
					 recovering production, or use any formation or well for brine or fluid
					 injection until the chairperson has received and approved in writing a new or
					 amended plan of operation. In an emergency a lessee may take action to prevent
					 damage without receiving prior approval from the chairperson; provided, that
					 the lessee shall report the action to the chairperson as soon as
					 possible.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-57 - Drilling operations

Current through June, 2024
(a) Upon
				  commencement of drilling operations, the lessee shall mark each drilling site
				  and each completed well site in a conspicuous place with the lessee's name or
				  the name of the operator, the lease number, and the number of the well. The
				  lessee shall take all necessary means and precautions to preserve these
				  markings.
(b) The lessee shall
				  diligently take all necessary precautions to:
(1) Keep all wells under control at all
				  times;
(2) Utilize trained and
				  competent personnel;
(3) Utilize
				  properly maintained equipment and materials; and
(4) Use operating practices which insure the
				  safety of life and property.
The selection of the types and weights of drilling fluids
					 and provisions for controlling fluid temperatures, blowout preventers and other
					 surface control equipment and materials, casing and cementing programs, etc.,
					 to be used shall be based on sound engineering principles and shall take into
					 account apparent geothermal gradients, depths, and pressures of the various
					 formations to be penetrated and other pertinent geologic and engineering data
					 and information about the area.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-58 - Waste prevention, offset wells and geothermal by-products

Current through June, 2024
(a) All mining leases shall be subject to the
				  condition that the lessee shall, in conducting exploratory development and
				  producing operations, use all reasonable precautions to prevent waste and
				  conserve and provide for optimum use of geothermal resources and other natural
				  resources found or developed in the leased lands.
(b) If any waste of geothermal resources or
				  by-products result from the willful misconduct or negligence of the operator or
				  if the operator fails to take corrective action within a reasonable time after
				  being notified in writing by the chairperson, the board shall determine the
				  value of the loss or waste and the compensation due to the board, using the
				  method for computing royalties set out in § 13-183-31(b) (c). Payment for
				  the losses will be paid when billed. The board s determination of the value of
				  the waste may be appealed as provided in § 13-183-5.
(c) In the event any well located on other
				  than state or reserved land is draining geothermal resources in commercial
				  quantities from any land leased from the State, the board may notify the lessee
				  in writing to drill an offset well thereto, and within one hundred twenty days
				  from the date of the notice or the additional time as may be allowed by the
				  chairperson, the lessee shall commence operations for the drilling of an offset
				  well on the leased land to the same zone as that zone from which the well is
				  producing geothermal resources or shall unitize with the well that is draining
				  state land or pay to the State compensatory royalty. For the purpose of this
				  section an offset well shall mean a well which a reasonably prudent geothermal
				  operator would drill under similar circumstances. There shall be no obligation
				  to unitize or pay compensatory royalty. To the extent provided by law, the
				  board may require unitization of leases and lands involved.
(d) Subject to lessee's right to surrender a
				  mining lease, where the board determines that production, use, or conversion of
				  geothermal resources is susceptible of producing a by-product or by-products,
				  including demineralized water contained in or derived from the geothermal
				  resources and deemed suitable for beneficial use in accordance with chapter
				  177, Hawaii Revised Statutes, the board may require substantial production or
				  use thereof unless the board determines that beneficial production or use would
				  not be in the interest of conservation of natural resources, nor economically
				  feasible or would not otherwise be in the public interest.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-59 - Protection of other resources

Current through June, 2024
(a) The lessee
				  shall remove any derrick, equipment, or facilities within sixty days after
				  lessee has ceased making use thereof in its operations.
(b) All permanent operating sites shall be
				  landscaped or fenced to screen them from public view. The landscaping or
				  fencing shall be approved in advance by the State and kept in good
				  condition.
(c) All drilling and
				  production operations shall be conducted in a manner that eliminates as far as
				  practicable dust, noise, vibration, or noxious odors. Operating sites shall be
				  kept neat, clean, and safe. Drilling dust shall be controlled to prevent
				  widespread pollution. Determination of what is considered detrimental rests
				  solely with the chairperson.
(d)
				  Wastes shall be discharged in accordance with all federal, state, and local
				  requirements.
(e) Any operation
				  disturbing the soil surface, including road building, construction, and
				  movement of heavy equipment in support of or relating to specific geothermal
				  exploration or development activities shall be conducted in a manner that will
				  not result in unreasonable damage to trees and plant cover, soil erosion, or
				  degradation of water resources.
(f)
				  Existing roads, except public roads, and bridges on or serving the area under
				  lease shall be maintained in a condition equal to or better than that before
				  use. New roads and bridges shall be located, constructed, and maintained in
				  accordance with the appropriate county requirements.
(g) Marketable timber on state or reserved
				  lands which are damaged, destroyed, or used shall be compensated for at fair
				  market value to the owners of the land. Borrow pit material shall not be
				  obtained from state or reserved lands without permission and payment of market
				  value to the owner.
(h)
				  Improvements, structures, telephone lines, trails, ditches, pipelines, water
				  developments, fences, permanent improvements, and crops of the owners shall be
				  protected from damage and repaired or replaced when damaged or monetary
				  compensation paid to the owners for the damage.
(i) Access to drilling or production sites by
				  the public shall be controlled by the lessee to prevent accidents or injury to
				  persons or property.
(j) Areas
				  cleared and graded for drilling and production facility sites shall be kept to
				  a reasonable number and size, and are subject to board approval.
(k) Lessee shall conduct its operations in a
				  manner which will not interfere with the right of the public to use public
				  lands and waters.
Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 7 - WATER RESOURCES › Chapter 183 - RULES ON LEASING AND DRILLING OF GEOTHERMAL RESOURCES › Subchapter 7 - LEASES; MINING OPERATIONS › Section 13-183-60 - Suspension of operations

Current through June, 2024
In the event of any disaster and pollution, or likelihood
					 of either, having or capable of having a detrimental effect on public health,
					 safety, welfare, or the environment caused in any manner or resulting from
					 operations under a lease, the lessee shall suspend any testing, drilling, and
					 production operations, except those which are corrective, or mitigative, and
					 immediately and promptly notify the chairperson. The drilling and production
					 operations shall not be resumed until adequate corrective measures have been
					 taken and authorization for resumption of operations has been made by the
					 chairperson.