Idaho Administrative Code › Title IDAPA 20 - Lands, Department of › Rule 20.03.15 - RULES GOVERNING GEOTHERMAL LEASING ON IDAHO STATE LANDS › Section 20.03.15.085 - UNIT OR COOPERATIVE PLANS OF DEVELOPMENT OR OPERATION

Current through August 31, 2023
01.
IDWR Approval
. Nothing in this rule will excuse the parties to a unit agreement from procuring the approval of the IDWR pursuant to Section  42-4013, Idaho Code, if approval is required. (3-18-22)
02.
Unit Plan
. For the purpose of conserving the natural resources of any geothermal pool, field or like area, Lessees under lease issued by the Board are authorized, with the written consent of the Department, to commit the state lands to unit, cooperative or other plans of development or operation with other state lands, federal lands, privately-owned lands or Indian lands. Departmental consent will not be unreasonably withheld. Applications to unitize, or a copy of the application filed with IDWR, will be filed with the Department who will certify whether such plan is necessary or advisable in the public interest. The Department may require whatever documents or data that the Department deems necessary in its reasonable discretion. To implement such unitization, the Board may with the consent of its Lessees modify and change any and all terms of leases issued by it that are committed to such unit, cooperative or other plans of development or operations. (3-18-22)
03.
Contents
. The agreement must describe the separate tracts comprising the unit, disclose the apportionment of the production of royalties and costs to the several parties, and the name of the operator, and must contain adequate provisions for the protection of the interests of all parties, including the state of Idaho. The agreement should be signed by or in behalf of all interested necessary parties before being submitted to the Department. It will be effective only after approval by the Department. The unit operator must be a person as defined by these rules and must be approved by the Department. (3-18-22)
04.
Lease Modification
. Any modification of an approved agreement will require approval of the Department under procedures similar to those cited in Subsection  085.02  of these rules. (3-18-22)
05.
Term
. At the sole discretion of the Department, the term of any leases included in any cooperative or unit plan of development or operation may be extended for the term of such unit or cooperative agreement, but in no event beyond that time provided in Subsection  030.01  of these rules. Rentals or royalties on leases so extended may be reassessed for such extended term of the lease. (3-18-22)
06.
Continuation of Lease
. Any lease that will be eliminated from any such cooperative or unit plan of development or operation, or any lease that will be in effect at the termination of any such cooperative or unit plan of development or operation, unless relinquished, will continue in effect for the term of the lease. (3-18-22)
07.
Evidence of Agreement
. Before issuance of a lease for lands within an approved unit agreement, the lease applicant or successful bidder will be required to file evidence that they have entered into an agreement with the unit operator for the development and operation of the lands in a lease if issued to him under and pursuant to the terms and provisions of the approved unit agreement, or a statement giving satisfactory reasons for the failure to enter into such agreement. If such statement is acceptable, the lease applicant or successful bidder will be permitted to operate independently, but will be required to perform his operations in a manner that the Department deems to be consistent with the unit operations. (3-18-22)