Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.25 - STATE LAND LEASING › Subchapter 36.25.4 - Geothermal Rules and Regulations › Rule 36.25.401 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
When used herein, unless the context requires
				  otherwise:
(1) "Board" means the board
				of land commissioners of the state of Montana;
(2) "Department" means the department of
				natural resources and conservation of the state of Montana;
(3) "Director" means director of natural
				resources and conservation, chief administrative officer of the department of
				natural resources and conservation;
(3) "Geothermal Resources" means the natural
				heat energy of the earth, including the energy, in whatever form, which may be
				found in either position and at any depth below the surface of the earth,
				either present in, resulting from, created by, or which may be extracted from
				such natural heat and all minerals in solution or other products obtained from
				the medium of any geothermal resource;
(4) "Lessee" means the person in whose name
				the geothermal resources lease appears on record in the office of the director,
				whether such person be the original lessee or a subsequent assignee. The term
				"lessee" also includes, where the context of the rule may indicate, any person
				who is the apparent successful bidder for a geothermal resources lease but with
				whom a formal lease agreement has not been completed and finalized;
(5) "Material disturbance" means all
				disturbance by mechanical equipment including, but not limited to, bulldozers,
				graders, backhoes, trenching machines, drilling rigs, augers, and
				explosives;
(6) "Operator" means
				the person having control or management of geothermal resource operations on
				the leased lands or a portion thereof;
(7) "Person" means any individual, person,
				firm, association, corporation or other legal entity;
(8) "Prospect well" means a geophysical test
				well, temperature gradient test well or any other test well drilled for
				informational purposes in the exploration of and search for geothermal
				resources;
(9) "State" means the
				state of Montana;
(10) "State
				lands" includes all lands and interests within the jurisdiction of the
				board;
(11) "Waste" means any
				physical waste, deleterious effects on surface and ground water, including but
				not limited to underground waste resulting from the inefficient, excessive or
				improper use or dissipation of reservoir energy or resulting from the location,
				spacing, drilling, equipment, operation or production of a geothermal resource
				well or prospect well in such manner that reduces or tends to reduce the
				ultimate economic recovery of the geothermal resources within a reservoir; and
				the surface waste resulting from the location, spacing, drilling, equipping,
				operation or production of a geothermal resource well or prospective well in
				such a manner that causes or tends to cause the unnecessary or excessive
				surface loss or destruction of geothermal resources released from the
				reservoir;
(12) "Well" means any
				excavation made for the discovery or production of geothermal resources, or any
				excavation or facility used for the reinjection of geothermal resources or the
				residue thereof underground.
77-4-103, MCA; IMP,
					 77-4-102,
					 MCA;