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34. See Colorado Legislative 5, 2010). 35. CRS § 37-90.5-107(2). 36. CRS § 37-90.5-107(8). 37. Id. 38. CRS § 37-90.5-107(6). 39. CRS § 37-90.5-103(3). 40. CRS § 37-90.5-104(1). 41. Id. Council Fiscal Note to S.B. 10-174 (March NATURAL RESOURCE AND ENVIRONMENTAL LAW—WATER LAW 29. There are no reported cases where reserved water rights were claimed for geothermal resource development; neither the Geothermal Steam Act nor the EPA Act of 2005 took a position. 30. Sares and Morgan, Colorado Geological Survey, “Geothermal En- ergy in the Heart of the Rockies” presentation to Salida Sustainability Summit (Oct. 15, 2009), available at /www.chaffeecounty-energyplan. com/wp-content/uploads/2009/10/Geothermal_Energy_in_the_Heart_ of_the_Rockies_Text-document_v3.pdf. 31. Colo. Const. art. XVI, § 5. 32. See generally, id.; Water Rights Determination and Administration Act, CRS §§ 37-92-101 et seq. 33. CRS § 37-90.5-102(1)(c). 58. CRS § 37-92-305. See City of Aurora ex rel. Util. Enter. v. Simpson, 105 P.3d 595 (Colo. 2005). 59. CRS § 37-92-305(8). 60. As opposed to hot dry rock or engineered geothermal systems, which involve rocks with little to no permeability and therefore little to no water content. 61. Colorado Water Quality Control Commission, Colorado Water Quality Management and Drinking Water Protection Handbook at Policy No. 98-2 (Nov. 13, 2006). 62. Pub. L. 95-617, 92 Stat. 317 (1978). 63. Energy Law Group, Energy Law and Policy for the 21st Century 12- 2 (Rocky Mountain Mineral Law Foundation, 2000). 64. Sares and Morgan, supra note 30 at 29. 65. Id. at 13. 66.The production tax credit originally was passed in the Energy Poli- cy Act of 1992 and quickly became one of the biggest drivers of renew- able energy development. 26 U.S.C. § 45. 67. IRS Form 8835 (2009). 68. CRS § 40-2-124. 69. CRS § 40-2-124(1)(c). House Bill 10-1001, passed in 2010, in- creased the required generation of electricity from renewable energy sources to 30 percent for investor-owned utilities. 70.CRS § 40-2-124(1)(c)(V). 71. CRS § 40-2-124(1)(a). 72. CRS § 40-2-124(1)(c)(III). 73. 4 C.C.R. 723-3 3650 et seq. 74. CRS § 40-2-124(1)(d) 75. 4 C.C.R. 723-3 3652(n). 76. See Kenison and Scoll, “Carbon Offsets from Soils and Forests—A Primer for Colorado Lawyers,” 38 The Colorado Lawyer 63, 63-64 (Nov. 2009). 77. See Jaffe, “BLM to auction steam beneath Chalk Creek valley landowners,” The Denver Post ( Jan. 24, 2010), available at www.denver post.com/business/ci_14252604. 78. Sares and Morgan, supra note 30 at 30. 79. Energy Law Group, supra note 63 at 12-4. 80. See note 69, supra. 81. Webb, “BLM Considers Geothermal Leasing in Colorado,” Grand Junction Sentinel (Nov. 7, 2009), available at www.gjsentinel.com/news/ articles/blm_considers_geothermal_leasi. n 42. CRS § 37-90.5-103(3). 43. CRS §§ 37-90-.5-105(1) and 36-1-147. 44. CRS § 37-90.5-104(4). 45. CRS § 37-90.5-106(1), (2), and (4). 46. 2 C.C.R. 402-10 (2004), available at water.state.co.us/pubs/rule_ reg/geothermalrules.pdf. The Office of the State Engineer (SEO) has not promulgated rules concerning hot rock of non-liquid geothermal uses. The Geothermal Rules do not apply to other types of wells governed by Arti- cles 90 and 92 of Title 37 of the Colorado Revised Statutes. 47. CRS § 37-90.5-107(2)(a). 48. 2 C.C.R. 402-10, Rule 3.4. 49. 2 C.C.R. 402-10, Rules 6.1.2.1 et seq. 50. 40 C.F.R. subpart G, § 144. 51. 2 C.C.R. 402-10, Rule 13.1. 52. Id. 53. Id. 54. Conversation with Kevin Rein, SEO (Feb. 4, 2010). 55. CRS § 37-90.5-107(1). 56. Id. 57. CRS § 37-90.5-107(2)(b). 72 The Colorado Lawyer | September 2010 | Vol. 39, No. 9PDF Image | Getting Into Hot Water: The Law of Geothermal Resources in Colorado
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