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 1 - GENERAL › Section 13-183-3 - Definitions

Current through June, 2024
As used herein unless otherwise provided:
"Board" means the board of land and natural
					 resources.
"Chairperson" means the chairperson of the board of land
					 and natural resources or the designated representative.
"Commercial quantities" means quantities sufficient to
					 provide a return after current production and operating costs have been
					 met.
"Department" means the department of land and natural
					 resources.
"Force Majeure" means any fire, explosion, flood, volcanic
					 activity, seismic or tidal wave, mobilization, war (whether declared or
					 undeclared), act of any belligerent in any such war, riot, rebellion, the
					 elements, power shortages, strike, lockout, difference of workers, any cause
					 which prevents the economic mining of the geothermal resources, restraints by
					 courts, or other governmental authorities, failure or unreasonable delay by
					 governmental authorities in issuance of permits or approvals or any other cause
					 beyond the reasonable control of the parties affected, whether or not of the
					 nature or character hereinabove specifically enumerated.
"Geothermal by-product" means any mineral or minerals
					 (exclusive of oil, hydrocarbon gas and helium) which are found in solution or
					 developed in association with geothermal resources and demineralized or
					 desalted effluent water.
"Geothermal resources" means the natural heat of the
					 earth, the energy, in whatever form, below the surface of the earth present in,
					 resulting from, or created by, or which may be extracted from the natural heat,
					 and all minerals in solution or other products obtained from naturally heated
					 fluids, brines, associated gases and steam, in whatever form, found below the
					 surface of the earth, but excluding oil, hydrocarbon gas or other hydrocarbon
					 substances.
"Mining lease" means a lease of the right to conduct
					 geothermal operations on State lands or reserved lands to discover, develop,
					 produce, and utilize geothermal resources therein. Unless the context indicates
					 otherwise, "lease" or "geothermal lease" means "mining lease".
"Mining lessee" means any person as defined herein to whom
					 a mining lease has been granted including a transferee, assignee, sublessee or
					 successor in interest. It also means any agent of the mining lessee or an
					 operator holding authority by or through the mining lessee. Unless the context
					 indicates otherwise "Lessee" means "mining lessee".
"Mining operations" means the process of excavation,
					 extraction and removal of minerals, and the development of any and all
					 geothermal resources, from the ground, design engineering, other engineering,
					 erection or transportation facilities and port facilities, erection of
					 necessary plants, other necessary operations or development approved by the
					 board preceding or connected with the actual extraction of minerals and the
					 development of geothermal resources.
"Occupier" means any person who owns in fee the surface of
					 the land or any person entitled to the possession of land under a certificate
					 of occupation, a nine hundred and ninety-nine year homestead lease, a right of
					 purchase lease, a cash freehold agreement, or under a deed, grant, or patent,
					 and any person entitled to possession under a general lease from the state, and
					 also means and includes the assignee of the right to a mining lease from any
					 one of the above.
"Operator" means any person as defined herein engaged in
					 drilling, maintaining, operating, producing, or having control or management of
					 any geothermal well or the development of geothermal resources. The operator
					 may be the landowner, the lessee, designated operator, or agent of the lessee
					 or holder of rights under an approved operating agreement.
"Person" means a United States citizen of legal age,
					 association of the citizens, firms and corporations organized under the laws of
					 the United States, any state or District of Columbia and qualified to do
					 business in the state, including any governmental unit, trust or estate.
"Reserved lands" means those lands owned or leased by any
					 person in which the state or its predecessors in interest has reserved to
					 itself, expressly or by implication the minerals or right to mine minerals, or
					 both.
"State lands" includes all public and other lands owned by
					 or in possession, use and control of the State of Hawaii or any of its
					 agencies.
"Unit agreement" means an agreement or plan of development
					 and operation for the production and utilization of geothermal resources as a
					 single consolidated unit without regard to separate ownerships and which
					 provides for the allocation of costs and benefits on a basis defined in the
					 agreement or plan.
"Waste" means the unnecessary or excessive dissipation or
					 loss of geothermal resources resulting from the location, spacing, drilling,
					 equipping, operation or production of a geothermal resources well or wells, or
					 with respect to the production, gathering, transportation, storage, handling or
					 utilization of geothermal resources.