Nevada Statute | Act | Code |Title 48 - Water| US Code - US Statute

As used in this
chapter, unless the context otherwise requires, “geothermal resource”
means the natural heat of the earth and the energy associated with that
natural heat, pressure and all dissolved or entrained minerals that may
be obtained from the medium used to transfer that heat, but excluding
hydrocarbons and helium.

      (Added to NRS by 1975, 611; A 1977, 1172; 1981, 659)
Any exploration and
subsurface information obtained as a result of a geothermal project must
be filed with the Division of Minerals of the Commission on Mineral
Resources within 30 days after it is accumulated. The information is
confidential for 5 years after the date of filing and may not be
disclosed during that time without the express written consent of the
operator of the project, except that it must be made available by the
Division to the State Engineer or any other agency of the State upon
request. The State Engineer or other agency shall keep the information
confidential.

      (Added to NRS by 1977, 383; A 1985, 1303; 1993, 1701; 1999, 3633
)
A
consumptive use of water brought to the surface outside of a geothermal
well is subject to the appropriation procedures of chapters 533 and 534 of NRS, except
for:

      1. Water that is removed from an aquifer or geothermal reservoir
to develop and obtain geothermal resources if the water is returned to or
reinjected into the same aquifer or reservoir; or

      2. The reasonable loss of water:

      (a) During a test of a geothermal well; or

      (b) From the temporary failure of all or part of a system that
removes water from an aquifer or geothermal reservoir, transfers the heat
from that water and reinjects that water into the same aquifer or
reservoir.

      (Added to NRS by 1975, 611; A 1983, 2091; 1985, 1303; 1997, 284)
The owner of real
property owns the rights to the underlying geothermal resources unless
they have been reserved by or conveyed to another person.

      (Added to NRS by 1983, 2091)

      1. A person may not drill or operate a geothermal well or drill an
exploratory well without obtaining a permit from the Administrator of the
Division of Minerals of the Commission on Mineral Resources and complying
with the conditions of the permit.

      2. An application must set forth such information as the
Administrator requires by regulation.

      (Added to NRS by 1983, 2091; A 1985, 1303; 1993, 1701; 1999, 3633
)

      1. The Administrator of the Division of Minerals of the Commission
on Mineral Resources shall approve or reject an application for a permit
to drill an exploratory well within 10 days after he receives the
application in proper form. The permit must not be effective for more
than 2 years, but may be extended by the Administrator.

      2. Upon receipt of an application for a permit to drill or operate
a geothermal well, the Administrator of the Division of Minerals shall
transmit copies of the application to the State Engineer, the
Administrator of the Division of Environmental Protection of the State
Department of Conservation and Natural Resources, and the Director of the
Department of Wildlife. After consultation with the State Engineer, the
Administrator of the Division of Environmental Protection, and the
Director of the Department of Wildlife, the Administrator of the Division
of Minerals may issue a permit to drill or operate a geothermal well if
it is determined that issuance of a permit is consistent with:

      (a) The policies specified in NRS 445A.305 and 445B.100 ;

      (b) The purposes of chapters 533 and
534 of NRS; and

      (c) The purposes specified in chapter 501 of NRS.

      3. The Administrator of the Division of Minerals shall approve or
reject the application to drill or operate a geothermal well within 90
days after he receives it in proper form, unless it is determined that a
conflict exists pursuant to subsection 2 or a public hearing is necessary
pursuant to subsection 4. Notice of the conflict or need for a public
hearing must be provided to the applicant within the 90-day period.

      4. The State Engineer and the Administrator of the Division of
Minerals may hold public hearings jointly or separately to gather such
evidence or information as they deem necessary for a full understanding
of all the rights involved and to guard properly the public interest.

      5. A permit issued pursuant to this section must include any
conditions:

      (a) Deemed necessary by the Administrator of the Division of
Minerals to carry out the purposes of this section; and

      (b) Imposed by the State Engineer consistent with the provisions of
chapters 533 and 534 of NRS.

      (Added to NRS by 1983, 2091; A 1985, 1304; 1987, 778; 1993, 1701;
1997, 509; 1999, 3633 ; 2003, 1581 )

      1. The Commission on Mineral Resources shall impose and collect a
fee for examining and filing an application for a permit to drill or
operate a geothermal well or to drill an exploratory well. The fee must
be deposited with the State Treasurer, for credit to the Account for the
Division of Minerals created in the State General Fund pursuant to NRS
513.103 .

      2. The fee may be based in part on the number of acres of land
being used by the person who holds the permit.

      3. The Commission and the Division of Minerals may use the money
deposited in the Account for the Division of Minerals pursuant to this
section to administer the provisions of this chapter.

      (Added to NRS by 1983, 2091; A 1985, 1304; 1993, 111, 1702; 1995,
579)
The
Commission on Mineral Resources may adopt regulations necessary for
carrying out the provisions of this chapter.

      (Added to NRS by 1983, 2091)

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