2007 ORS 523.010¹

As used in this chapter unless the context requires otherwise:

(1) "Board" or "board of commissioners" means the governing body of a district.

(2) "By-product" means any mineral or minerals (exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances) which are found in solution or in association with geothermal resources and which have a value of less than 75 percent of the value of the geothermal resources 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) "District" means a geothermal heating district formed under this chapter.

(4) "County" means the county in which the district, or the greater portion of the taxable assessed value of the district, is located.

(5) "County board" means the county court or board of county commissioners of the county.

(6) "County clerk" means the county clerk of the county.

(7) "Geothermal heat" means heat derived from geothermal resources.

(8) "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, exclusive of oil, hydrocarbon gas, helium or other hydrocarbon substances, but including, specifically:

(a) All products of geothermal processes, embracing 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 formation; and

(d) Any by-product derived from them.

(9) "Inhabitant" when used with respect to a district includes a business located within the district.

(10) "Owner" means the holder of the record title to real property or the vendee under a land sale contract, if there is such a contract. [1975 c.782 §1; 1983 c.83 §98]

Chapter 523

Notes of Decisions

Under these sec­tions, in which state authorizes public ownership of geothermal resources, it is ques­tionable whether legislature intended thereby to create monopolistic control; nowhere is there any express authoriza­tion to exclude private competi­tion in geothermal market. Parks v. Watson, 716 F2d 646 (1983)

1 Legislative Counsel Committee, CHAPTER 523—Geothermal Heating Districts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­523.­html (2007) (last ac­cessed Feb. 12, 2009).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 523, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­523ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.