ORS 522.815: Rules by board; scope; adoption; notice.

(1) In accordance with the rulemaking provisions of ORS chapter 183, the governing board of the State Department of Geology and Mineral Industries may adopt rules necessary to conserve geothermal resources or other natural resources, or to protect the environment, the correlative rights of any person having an ownership interest in the affected land or resource, or beneficial uses of water, or to accomplish the efficient and economical development of a geothermal reservoir. The rules shall include a description of the geothermal reservoir and the overlying land and may also include provisions for the following: (a) Division of a geothermal reservoir into zones; (b) Establishment of spacing units including a description of the location, size and shape of such spacing units; (c) The integration of separately owned tracts or interests within a spacing unit for the development and operation of the spacing unit and the sharing of production therefrom; (d) The protection of existing and future beneficial uses of water; (e) Maintaining the renewability of geothermal resources and any other natural resources; and (f) Any additional provisions the board deems necessary for carrying out the provisions of this chapter or for protecting the public health, safety and welfare. (2) Any rule adopted under this section may in the board’s discretion supersede any right or privilege previously granted by or previously entered by the board with respect to such reservoir and may be amended in accordance with the rulemaking provisions of ORS chapter 183 as appears necessary to the board to further the policy stated in ORS 522.015. (3) Any proceeding under this section shall be conducted as a rulemaking proceeding in accordance with ORS chapter 183 unless an interested party requests that it be conducted as a contested case in accordance with ORS chapter 183. In either event, notice shall be given in accordance with the requirements of ORS chapter 183. Notice shall always be given to the following persons: (a) Any operator who has a drilling permit issued pursuant to ORS 522.135 or has a legal right to operate a completed geothermal well in the geothermal reservoir; and (b) Any person who has an ownership interest in the geothermal reservoir. [1975 c.552 §43; 1981 c.588 §5; 1981 c.694 §11] PROHIBITED ACTS