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Title: Review and analysis of the adequacy of the legal and institutional framework for geothermal development in Washington State

Abstract

The legal and institutional framework within which geothermal energy must develop has its origin in the early 1970s. In 1970, the Federal Geothermal Steam Act was passed into law and in 1974 the Washington State Geothermal Act was passed. The legal and institutional framework thus established by the state and federal governments differed substantially in format, content, and direction. In many instances, the legal and institutional framework established left as many questions unanswered as answered, and in some cases, the framework has proven to be more of an obstacle to development than an aid. From an examination of how the state and federal governments have addressed the varying needs of geothermal development and how the courts have interpreted some of their decisions, it is clear that in order to ensure that the legal and institutional framework is adequate to serve the needs of geothermal development, it must address, at a minimum, the following topics: (1) providing developers with access and a priority right to carry out exploration and development activities; (2) characterization of the resource so as to minimize conflicts with other natural resources; (3) establishing ownership; and (4) giving careful consideration to such lease terms as rentals and royalties,more » lease renewals, and diligence requirements. In addition, the framework must address groundwater law and its implications for geothermal development and how geothermal development will be considered in terms of establishing utility law. At the local level, it is imperative that geothermal be given careful consideration when decisions on resource management, zoning, and regulation are made. Local governments also have the power to establish programs which can provide substantial incentives for geothermal development and, by so doing, ensure that geothermal energy contributes to economic stability and growth.« less

Authors:
Publication Date:
Research Org.:
Washington State Energy Office, Olympia (USA)
OSTI Identifier:
6260007
Report Number(s):
DOE/ID/12527-1; WAOENG-85-47
ON: DE86007023
DOE Contract Number:  
FG07-84ID12527
Resource Type:
Technical Report
Resource Relation:
Other Information: Portions of this document are illegible in microfiche products
Country of Publication:
United States
Language:
English
Subject:
15 GEOTHERMAL ENERGY; 29 ENERGY PLANNING, POLICY AND ECONOMY; ENERGY SOURCE DEVELOPMENT; INSTITUTIONAL FACTORS; LEGAL ASPECTS; GEOTHERMAL ENERGY; WASHINGTON; LAND USE; LEASING; REGULATIONS; SITE SELECTION; ENERGY; ENERGY SOURCES; FEDERAL REGION X; NORTH AMERICA; RENEWABLE ENERGY SOURCES; USA; Geothermal Legacy

Citation Formats

Bloomquist, R G. Review and analysis of the adequacy of the legal and institutional framework for geothermal development in Washington State. United States: N. p., 1985. Web. doi:10.2172/6260007.
Bloomquist, R G. Review and analysis of the adequacy of the legal and institutional framework for geothermal development in Washington State. United States. https://doi.org/10.2172/6260007
Bloomquist, R G. 1985. "Review and analysis of the adequacy of the legal and institutional framework for geothermal development in Washington State". United States. https://doi.org/10.2172/6260007. https://www.osti.gov/servlets/purl/6260007.
@article{osti_6260007,
title = {Review and analysis of the adequacy of the legal and institutional framework for geothermal development in Washington State},
author = {Bloomquist, R G},
abstractNote = {The legal and institutional framework within which geothermal energy must develop has its origin in the early 1970s. In 1970, the Federal Geothermal Steam Act was passed into law and in 1974 the Washington State Geothermal Act was passed. The legal and institutional framework thus established by the state and federal governments differed substantially in format, content, and direction. In many instances, the legal and institutional framework established left as many questions unanswered as answered, and in some cases, the framework has proven to be more of an obstacle to development than an aid. From an examination of how the state and federal governments have addressed the varying needs of geothermal development and how the courts have interpreted some of their decisions, it is clear that in order to ensure that the legal and institutional framework is adequate to serve the needs of geothermal development, it must address, at a minimum, the following topics: (1) providing developers with access and a priority right to carry out exploration and development activities; (2) characterization of the resource so as to minimize conflicts with other natural resources; (3) establishing ownership; and (4) giving careful consideration to such lease terms as rentals and royalties, lease renewals, and diligence requirements. In addition, the framework must address groundwater law and its implications for geothermal development and how geothermal development will be considered in terms of establishing utility law. At the local level, it is imperative that geothermal be given careful consideration when decisions on resource management, zoning, and regulation are made. Local governments also have the power to establish programs which can provide substantial incentives for geothermal development and, by so doing, ensure that geothermal energy contributes to economic stability and growth.},
doi = {10.2172/6260007},
url = {https://www.osti.gov/biblio/6260007}, journal = {},
number = ,
volume = ,
place = {United States},
year = {Sun Dec 01 00:00:00 EST 1985},
month = {Sun Dec 01 00:00:00 EST 1985}
}