geothermal energy development in the NWT

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3.3 Nevada Jurisdictional review Royalties For production from a site established under a prospecting permit, royalties of not less than 10% of the gross revenue are charged at the point of delivery to the purchaser.66 For competitive bidding lease royalties are not more than 16 2/3 % of the gross revenue at the point of delivery to the purchaser.67 A Prospecting Permit gives the exclusive right to explore an area for two years with a possible two-year extension. Prospecting Permits can be issued to the first qualified applicant (for lands that have not been selected for competitive public bid). If the permit holder discovers geothermal resources in commercial quantities within their prospecting permit area, they are entitled to a lease for production.65 Rental fees for a prospecting permit prior to drilling a well are $1/acre for Year 1, not more than $5/acre for Year 2, and not more than $25/acre for Years 3 and 4. Permits are available for a maximum of four years. The primary term for a lease is 10 years, with extension. Resource potential and installed capacity Nevada has issued the most number of leases for geothermal energy development in the United States. There are 55 existing leases covering over 4909 km2.68 As of 2010, Nevada had 433.4 megawatts of installed capacity and approximately 3700 MW of capacity in development.69 In 2010, there were 19 geothermal plants, at 11 different locations.70 Definition of geothermal resource The Nevada Revised Statutes define geothermal resources as “the natural heat of the earth and the energy associated with that natural heat, pressure and all dissolved or entrained minerals that may be obtained from the medium used to transfer that heat, but excluding hydrocarbons and helium.”71 Resource ownership, rights issuance In Nevada the surface owner is the presumed owner of geothermal resources, unless it has otherwise been “reserved or conveyed to another person”72 under the Stock-Raising Homestead Act of 1916, which granted surface lands to homesteaders, but retained the subsurface rights, 65 Ibid., S. 6910. 66 Ibid., S. 6913. 67 Ibid. 68 Witherbee, “Geothermal Leasing and Operations on BLM Managed Lands.” 69 Jennejohn, U.S. Geothermal Power Production and Development Update. 70 Nevada Commission on Mineral Resources, Division of Minerals, “Nevada Geothermal Resources/Production.” http://minerals.state.nv.us/ogg_nvgeorespro.htm 71 “Geothermal Resources,” Nevada Revised Statutes 534A.010. 72 “Underground Water and Wells,” Nevada Revised Statutes 534.050. The Pembina Institute 24 Building a regulatory framework for geothermal development in the NWT

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