ORS 522.005
Definitions


As used in this chapter, unless the context requires otherwise:

(1)

“Board” means the governing board of the State Department of Geology and Mineral Industries.

(2)

“By-product” means any mineral or minerals, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, that are found in solution or in association with geothermal resources and that have a value of less than 75 percent of the value of the geothermal resource or are not, because of quantity, quality, or technical difficulties in extraction and production, of sufficient value to warrant extraction and production by themselves.

(3)

“Completed geothermal well” means a well producing geothermal resources for which the operator has received the department’s written assurance that the manner of drilling of and producing geothermal resources from the well are satisfactory.

(4)

“Cooperative agreement” means an agreement or plan of development and operation for the production or utilization of geothermal resources in which separate ownership units independently operate without allocation of production.

(5)

“Correlative rights” means the right of each owner in a geothermal area to obtain that owner’s just and equitable share of the underlying geothermal resource, or an economic equivalent of that share of the resource, produced in a manner and in an amount that does not injure the reservoir to the detriment of others.

(6)

“Department” means the State Department of Geology and Mineral Industries.

(7)

“Drilling” includes drilling, redrilling and deepening of a geothermal well.

(8)

“Enhanced recovery” means the increased recovery from a reservoir achieved by artificial means or by the application of energy extrinsic to the reservoir. The artificial means include, but are not limited to, reinjection of hot brine, fluid or water into a reservoir.

(9)

“Geothermal area” means any parcel of land that is, or reasonably appears to be, underlaid by geothermal resources.

(10)

“Geothermal reinjection well” means any well or converted well constructed to dispose of geothermal fluids derived from geothermal resources into an underground reservoir.

(11)

“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 that 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, exclusive of helium or of oil, hydrocarbon gas or other hydrocarbon substances, but including, specifically:

(a)

All products of geothermal processes, including indigenous steam, hot water and hot brines;

(b)

Steam and other gases, hot water and hot brines resulting from water, gas, or other fluids artificially introduced into geothermal formations;

(c)

Heat or other associated energy found in geothermal formations; and

(d)

Any by-product derived from them.

(12)

“Geothermal well” includes any excavation made for producing geothermal resources and any geothermal reinjection well.

(13)

“Land” means both surface and mineral rights.

(14)

“Operator” means the person:

(a)

Who possesses the legal right to drill a geothermal well;

(b)

Who has obtained a drilling permit pursuant to ORS 522.135 (Permit); or

(c)

Who possesses the legal right to operate a completed geothermal well or who has been granted the authority to operate the well by that person.

(15)

“Prospect well” includes any well drilled as a geophysical test well, seismic shot hole, mineral exploration drilling, core drilling or temperature gradient test well and drilled in prospecting for geothermal resources. “Prospect well” does not include a geothermal well.

(16)

“Reservoir” means an aquifer or combination of aquifers or zones containing a common geothermal or ground water resource. “Reservoir” includes, but is not limited to, a hot dry rock conductive system.

(17)

“Royalty interest” means a right or interest in geothermal resources produced from land or in the proceeds of the first sale of those resources.

(18)

“Unit agreement” means an agreement or plan of development and operation developed under the provisions of ORS 273.775 (Definitions for ORS 273.775 to 273.790), 308A.050 (Legislative intent) to 308A.128 (Certain district assessments inapplicable to exclusive farm use zone farmland), 522.015 (Policy), 522.405 (Unitization) to 522.545 (Rulemaking authority), 522.815 (Rules by board) and 522.990 (Penalties) and this section for the production or use of geothermal resources in separately owned interests as a single consolidated unit and that provides for the allocation of costs and benefits.

(19)

“Unit area” means the area described in a unit agreement that constitutes the land subject to development under the agreement.

(20)

“Unit operator” means the person designated in the unit agreement to manage and conduct the operation involving unitized land.

(21)

“Unit production” means all geothermal resources produced from a unit area from the effective date of a unit agreement approved by the board under ORS 522.405 (Unitization).

(22)

“Waste” means:

(a)

Any physical waste, 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, equipping, operation or production of a geothermal resource well in such a manner that reduces or tends to reduce the ultimate economic recovery of the geothermal resources within a reservoir; and

(b)

Surface waste resulting from the inefficient storage of geothermal resources and the location, spacing, drilling, equipping, operation or production of a geothermal resource well in such a manner that causes or tends to cause the unnecessary or excessive surface loss or destruction of geothermal resources released from a reservoir.

(23)

“Working interest” means an interest in geothermal resources or in land containing geothermal resources that is held under a lease, operating agreement, fee title or otherwise and under which, except as otherwise provided in a unit or cooperative agreement, the owner of the interest has the right to explore for, develop, produce or utilize the resources. “Working interest” does not include a right delegated to a unit operator as such by a unit agreement. [1975 c.552 §3; 1979 c.163 §1; 1981 c.588 §3; 1981 c.694 §4; 1999 c.314 §74; 2005 c.22 §375; 2009 c.794 §1]

Source: Section 522.005 — Definitions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors522.­html.

522.005
Definitions
522.015
Policy
522.019
Injection of geothermal fluids
522.025
Application
522.035
Ownership rights
522.045
Decommissioned well
522.055
Permit
522.065
Circulation of application to state agencies
522.075
Bond or security
522.080
Operator liability
522.085
Report certifying completion of decommissioning plan
522.115
Permit
522.125
Circulation of application to state agencies
522.135
Permit
522.145
Bond or security
522.155
Liability for failure to protect ground water and surface water
522.165
Request for permit modification
522.175
Plugging and decommissioning
522.195
Monthly production statement
522.205
Notice by prospective operator of transfer or purchase of well
522.215
Suspension of drilling or operation
522.225
Notice of intent to plug and decommission
522.245
Department approval of plugging and decommissioning
522.255
Resolution of conflicts between geothermal and water uses
522.275
Administration by State Geologist
522.305
Rules
522.315
Final order of department
522.325
Compliance with final order
522.355
Records of well
522.365
Filing record with department
522.405
Unitization
522.415
Unit operation plan
522.425
Provisions in rule or order requiring unit operation
522.435
Rule, order to supersede previous board action
522.445
Condition to effectiveness of unitization plan and unit agreement
522.455
Rehearing on rule or order
522.465
Appointment of unit operator
522.475
Board review of disputes over unit operation
522.485
Amendment of unitization plan
522.495
Presumptions regarding conduct of operation
522.505
Unauthorized operation in unit area prohibited
522.515
When agreement or plan held not to violate state securities or trade law
522.525
Land subject to board authority
522.535
Fees
522.545
Rulemaking authority
522.810
Suits to enjoin violations
522.815
Rules by board
522.910
Aiding in violations prohibited
522.915
False entries, omissions, destruction or removal of records or reports
522.990
Penalties
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