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Geothermal

Shallow Geothermal Operations

The State Engineer (DWR) and the Board of Examiners of Water Well and Ground Heat Exchanger Contractors (BOE) regulate shallow geothermal operations accessing geothermal resources located in the Denver Basin aquifers or shallower than 2,500 feet below ground. All shallow geothermal operations require an operations permit issued by DWR.  The Beginner’s Guide to Geothermal Wells and Ground Heat Exchangers (coming soon) describes the requirements for permitting and installing shallow geothermal operations.
 

HB25-1165 requires amendments to the Rules and Regulations for Permitting the Development and Appropriation of Geothermal Resources Through the Use of Wells (“Geothermal Rules” 2 CCR 402-10).  For more information and to participate in the Geothermal Rulemaking Process for Shallow Geothermal, please visit the Well Permit Rulemaking webpage.

 

HB25-1165 also transferred authority to license ground heat exchanger contractors to the BOE which requires amendments to the Rules and Regulations for Administration of Licensing, Financial Responsibility, Continuing Education, and Remedial Action for Well Construction and Pump Installation Contractors (2 CCR 402-14). For more information and to participate in this rulemaking process please visit the BOE Administration Rulemaking webpage.


 

Registration and Notification for Prior Geothermal Operations

A “Prior Geothermal Operation” is defined as a geothermal well, operation, district, or unit authorized by DWR or ECMC; or a historic hot spring, being either a commercial geothermal hot spring with a vested water right or a noncommercial geothermal hot spring that is accessible to and enjoyed by the public.  HB25-1165 requires the owners or operators of prior geothermal operations to register their operation(s) with the State Engineer in order to receive electronic notice of applications for proposed water wells or deep geothermal operations within 1/4 mile of the Prior Geothermal Operation.
 

To register a Prior Geothermal Operation, pursuant to section 37-90-106(7), C.R.S., visit the Applications and Tools section in the upper right section of this page.  Click on "Geothermal Operation Registration," and then click the File Online button to get started.

 

DWR has also created “Tributary Geothermal” Notification Lists for interested parties to receive notices pursuant to section 37-90.5-106(1)(a)(V)(A), C.R.S. There is a list for each Water Division and parties can sign up for any or all of these.  Please click the “Manage DWR Notifications” button in the Applications & Tools section in the upper right section of this page to sign-in or create an account and subscribe to the applicable notification lists. The Tributary Geothermal Notification List will be used to provide notice of applications for geothermal well permits proposing to withdraw tributary groundwater at a rate greater than 50 gallons per minute.
 

 

Deep Geothermal Operations

The Colorado Energy and Carbon Management Commission (ECMC) regulates deep geothermal operations located deeper than 2,500 feet below ground.  
 

Pursuant to section 37-90-137(7.5), C.R.S., a permit from the State Engineer is not required for deep geothermal operations withdrawing nontributary groundwater if the groundwater will only be used for operations to extract or utilize heat including:

  • Generating electricity, 
  • Heating and cooling buildings, 
  • Heating swimming pools, public bathhouses, or developed hot springs facilities, 
  • Heating aquaculture,  
  • Melting snow or ice, 
  • Heating to facilitate carbon dioxide capture or hydrogen production, 
  • Deep geothermal exploration, resource confirmation, or reservoir enhancement, and 
  • Heating and drying for other industrial processes.

 

A well permit from the State Engineer is required if the operator will use the nontributary groundwater for additional beneficial uses unrelated to the extraction or utilization of heat, including any successive use after initial use for the extraction or utilization of heat.
 

Well permits will also be required for deep geothermal operations utilizing tributary groundwater.  More information relating to tributary groundwater use can be found on DWR’s Well Permitting and Water Administration webpages.

For more information on deep geothermal operations, please visit ECMC’s Geothermal Website.

 

Important Links