Idaho State Statutes - Idaho Attorney Directory

(1) The right to the use of
low temperature geothermal resources of this state shall be acquired by
appropriation. The appropriation may be perfected by means of the application,
permit and license procedure as provided in this chapter for ground water,
provided that low temperature geothermal resources shall be utilized primarily
for heat value and secondarily for the value as water. Usage of a low
temperature geothermal resource primarily for reasons other than heat value is
not a beneficial use of the resource, unless the director of the department of
water resources exempts the proposed use. The director may exempt a proposed
use if the director finds that the proposed use satisfies the following
criteria: (i) there is no feasible alternative use of the resource;
(ii) there is no economically viable source of water having a bottom hole
temperature of eighty-five (85) degrees or less in a well available; [and]
(iii) the exemption is in the public interest.
(2) Any owner of a well who engages in the drilling, redrilling,
modifying or deepening of any low temperature geothermal well shall file with
the director of the department of water resources a surety bond or cash bond
in the penal sum of not less than five thousand dollars ($5,000) or more than
twenty thousand dollars ($20,000) as determined by the director of the
department of water resources based on the temperature, depth and pressure of
the resource, the size and depth of the well, and any other relevant factors.
The surety or cash bond shall be conditioned upon the proper compliance with
the provisions of this chapter and chapter 40, title 42, Idaho Code, and rules
and regulations promulgated pursuant thereto. The bond shall remain in effect
for one (1) year following completion of drilling, redrilling, modifying or
deepening of the well or until released in writing by the director, whichever
occurs first.
(3) All permits, licenses, decreed rights and valid claims to a right to
the use of ground water which would be classified as a low temperature
geothermal resource having a priority date prior to July 1, 1987, remain valid
and the bond provisions of subsection (2) of this section are not applicable
unless the well from which the right diverts water is modified or deepened.
The provisions of this section shall not be applicable to all permits,
licenses and rights to the use of geothermal resources as defined in chapter
40, title 42, Idaho Code, which would be classified as a low temperature
geothermal resource under this section, issued or proclaimed prior to July 1,
1987, and the bond provisions of subsection (2) of this section are not
applicable to such wells.

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