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NATURAL RESOURCE AND ENVIRONMENTAL LAW—WATER LAW Geothermal resource development will require coordination of Colorado’s water rights and water quality laws with federal law and procedures. Successful coordination will help maximize the benefi- cial use of the constant source of renewable energy provided by ge- othermal resources and allow developers to quantify the risk in- volved in potential conflicts. Notes 1. See Colorado Governor’s Energy Office (GEO), “Renewable En- ergy Development Infrastructure Report” 20 (Dec. 2009) (installed capac- ity of renewable resources in Colorado), available at rechargecolorado.com/ index.php/programs_overview/utilities_and_transmission/renewable_ energy_development_infrastructure. 2. GEO, Connecting Colorado’s Renewable Resources to the Markets 20 (Dec. 21, 2007), available at www.energy.ca.gov/reti/documents/2007-12- 21_CO_%20SB91_Task_Force_Report.pdf. 3. Id. 4. Id. This article does not discuss geothermal-based heat-transfer pumps, which can be used to create efficiencies in homes and buildings and are an important tool to reduce heating and cooling bills. See U.S. De- partment of Energy, “Geothermal Heat Pumps,” available at www.eere. energy.gov/geothermal/heatpumps.html. 5. GeoPowering the West Colorado State Working Group, “Colorado Geothermal Development Strategic Plan” (Aug. 2007), available at rechargecolorado.com/images/uploads/pdfs/8f49aa534d853553c7762b4e ef52d192.pdf. 6. Id. at 7. See also description of Chena Hot Springs Power Plant at www.yourownpower.com/Power. 7. GeoPowering the West, supra note 5 at 4. 8. See GEO website, www.colorado.gov/energy/index.php?/policy/ state-energy-program-sep. 9. United States v. Union Oil Co., 549 F.2d 1271 (9th Cir. 1977) (con- cluding that the mineral reservation in the Stock-Raising Homestead Act of 1916 was intended to include geothermal resources). 10. Id. at 1274. 11. Pub. L. 109-58 (2005). 12. CRS §§ 37-90.5-101 et seq. 13. See U.S. Bureau of Land Management (BLM), “Comprehensive Strategic Plan for Geothermal Management” 7 (2005). 14. See Union Oil Co., supra note 9 at 1274. With respect to geothermal resources, this doctrine is codified at 30 U.S.C. § 1014. 15. 30 U.S.C. § 1003(b). 16. Id. 17. 30 U.S.C. § 1006. 18. 30 U.S.C. § 1005(a) and (b). 19. 72 Fed. Reg. 84 at 24358 (May 2, 2007). 20. Id. 21. See also CRS § 37-90.5-105(3)(a). 22. BLM, “Record of Decision for Geothermal Leasing in the West- ern United States” (Dec. 12, 2008). 23. Id. 24. See “DOI to Create Renewable Energy Coordination Offices,” available at www.sustainablebusiness.com/index.cfm/go/news.display/ id/18136. 25. 30 U.S.C. § 1121. 26. 30 U.S.C. § 1141. 27. 30 U.S.C. § 1021. 28. 30 U.S.C. § 1008. The Colorado Lawyer | September 2010 | Vol. 39, No. 9 71PDF Image | Getting Into Hot Water: The Law of Geothermal Resources in Colorado
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