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Appendix A. State of the States and State of the Tribal Lands for Geothermal Resources and Permitting Table A-7: Tribes with Potential Geothermal Resources in New Mexico Pueblo of Santa Clara Pueblo of Santo Domingo Pueblo of Taos Pueblo of Tesuque Pueblo of Zia Pueblo of Zuni Ute Mountain Tribe of the Ute Mountain Reservation Laws, Regulations and Incentives New Mexico classifies geothermal resources as Mineral if the fluid produced has a temperature greater than 250oF, and as Water if the fluid produced has a temperature less than or equal to 250oF. The state claims ownership of geothermal resources when and where it holds the mineral rights. If the fluid produced is “mineral”, the resource is under the primary jurisdiction of the Oil Conservation Division of the New Mexico Energy, Minerals and Natural Resources Department for drilling. This agency coordinates with the US EPA, Region Eight, which has authority over wastewater discharge to surface waters in the state. Both of these latter agencies, in addition to the state Environmental Department, have regulatory authority over geothermal discharge permits. The New Mexico State Land Office leases the lands of the state mineral estate (Battocletti 2005). Geothermal fluid under 250oF is considered “water” and the resource is under the primary responsibility of the New Mexico Office of the State Engineer in regards to drilling and permitting. New Mexico does not have comprehensive environmental review statutes. The state’s RPS requires 20 percent renewable energy by 2020 for IOUs, ten percent for rural co-ops and municipality utilities, with one Kilowatt (KW) of geothermal energy counting as two KW (Richter 2007). In addition to the state’s RPS, geothermal resource development qualifies for the U.S. Department of the Interior Energy Efficiency and Renewable Energy’s bond program (U.S. Department of Energy, 2007). New Mexico has established a Geothermal State Working Group with leadership from the New Mexico Energy, Minerals and Natural Resources Department (USDOE 2007a). Presently New Mexico does not have GHG laws or pending legislation, however the state has a GHG reduction target that outlines 2000 levels by 2012, ten percent below 2000 levels by 2020, and 75 percent below 2000 levels by 2050 (Camp 2007). There is currently no state funding for geothermal development. Most funding has come from the federal level from the US DOE (USDOE 2007a). Draft PEIS for Geothermal Leasing in the Western US A-31 May 2008PDF Image | STATE OF THE TRIBAL LANDS FOR GEOTHERMAL RESOURCES
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