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NATURAL RESOURCE AND ENVIRONMENTAL LAW—WATER LAW Injection wells are subject to similar and more stringent require- ments. Abandoned wells must be plugged and sealed, to prevent freshwater contamination and to protect against blowouts. The Colorado Water Quality Control Commission may exercise its au- thority to prevent contamination of surface water or ground water discharge based on any byproducts of the geothermal extraction process.61 Geothermal Power as an Energy Source It is likely that an independent power producer will develop and sell developed geothermal power to a utility under a power pur- chase agreement. Independent power producers are outgrowths of the Public Utility Regulatory Policies Act of 1978, and generally produce competitively priced power generation opportunities for utility companies.62 Base Load Power Geothermal energy provides base load power.That means a ge- othermal power plant has the potential to be operational and gen- erate power close to 100 percent of the hours in a year. 63 Because it can operate at all hours of the day, the plant can serve the same function as coal-fired power plants on the electrical power grid, which is to serve the minimum load required to operate the sys- tem—for example, in the middle of the night when dispatchable power plants such as natural gas-fired plants are not operating. Base load power plants are capable of operating with minimal down time and thus provide predictability and twenty-four-hour service to utility customers. However, because geothermal power plants require little to no purchased fuel (compared to the constant fuel requirements of a coal plant, for example), a geothermal power plant amortized over time is a very economical base load re- source.64 Geothermal power plants have low emissions, but still may pro- duce some emissions. Some geothermal power plants likely will re- quire emissions permits administered by the Colorado Air Pollu- tion Control Commission under the Clean Air Act. Binary geo- thermal power plants, have the lowest emissions profile of the three major types of geothermal power plants.65 Geothermal power plant owners may take advantage of the fed- eral Production Tax Credit (PTC).66 The PTC is available as a means to spur investment of renewable energy resources; its cur- rent value (adjusted for inflation) is 2.1 cents per kilowatt hour pro- duced.67 The PTC is another mechanism to spur market develop- ment that has had tremendous success in the wind industry. The Colorado Renewable Energy Standard Colorado’s renewable energy standard was passed by citizen ref- erendum in 2004. Its purpose states that “it is in the best interests of the citizens of Colorado to develop and utilize renewable energy resources to the maximum practicable extent.”68 Under the renew- able energy standard, investor-owned utilities must generate from renewable energy sources at least 30 percent of their retail electric- ity sold by 2020.69 Most other types of Colorado utilities must generate 10 percent by 2020.70 Geothermal-based renewable en- ergy resources qualify as a renewable energy resource under the re- newable energy standard.71 Under the renewable energy standard, energy generated from locations within Colorado is subject to an “adder” for purposes of compliance with the statute.72 The adder multiplies the amount of renewable energy produced in kilowatt hours by a set factor, and then counts that new number as the effective energy generated. The adder, by reducing the amount of investment required, is fur- ther incentive to utilities to contract with Colorado renewable en- The Colorado Lawyer | September 2010 | Vol. 39, No. 9 69PDF Image | Getting Into Hot Water: The Law of Geothermal Resources in Colorado
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