73-22-6. Information required concerning resource development -- Confidentiality -- Regulation of wells -- Surety bonds -- Inspection.
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Effective 5/6/2026
73-22-6. Information required concerning resource development -- Confidentiality -- Regulation of wells -- Surety bonds -- Inspection.
(1)The division may require a person to:
(a)identify the location and ownership of a well or producing geothermal lease;
(b)file with the division a notice of intent to drill, redrill, renovate, deepen, permanently alter the casing of, test, maintain, or abandon any well and obtain the division's approval of the notice of intent before the person commences operations;
(c)subject to Subsection
(4), keep a well log or record and file a copy of the well log or record with the division;
(d)space, drill, case, test, operate, produce, or abandon a well so as to prevent:
(i)a geothermal resource, water, gas, or other fluid from escaping into strata:
(A)other than the strata in which the resource, water, gas, or fluid is found; and
(B)unless in accordance with a subsurface injection program approved by the division;
(ii)pollution of surface and groundwater;
(iii)premature cooling of a geothermal system by water encroachment or otherwise that tends to reduce the ultimate economic recovery of the geothermal resource;
(iv)a blowout, cave-in, or seepage; and
(v)unreasonable disturbance or injury to neighboring properties, prior water rights, human life, health, and the environment;
(e)subject to Subsection
(2), if an operator, file an individual surety bond with the division for a new well drilled or an abandoned well redrilled;
(f)if an owner or operator, measure geothermal production according to standards set by the division and maintain complete and accurate production records or certified copies of the records that the owner or operator:
(i)keeps for a period of five years; and
(ii)makes available for examination by the division at reasonable times; and
(g)file with the division any other reasonable report that the division requires regarding geothermal operations within the state.
(a)With the consent of the division, a person may terminate or cancel a surety bond filed with the division in conformance with this chapter and relieve the surety of the obligations under the surety bond when the well or wells covered by the surety bond have been properly abandoned or another valid surety bond has been substituted for the surety bond.
(b)The amount of surety bond required by this section shall be determined by the division to be a reasonable amount.
(c)In lieu of an individual surety bond for separate wells, the operator may file a blanket surety bond in an amount set by the division to cover all the operator's drilling, redrilling, deepening, maintenance, or abandonment activities for wells.
(d)An operator shall execute a surety bond filed with the division by the operator as principal and condition the surety bond on compliance with division regulations in drilling, redrilling, deepening, maintaining, or abandoning a well covered by the surety bond.
(e)A surety bond filed with the division shall secure the state against losses, charges, and expenses incurred by the state to obtain the compliance described in Subsection (2)(d) by the principal named in the surety bond.
(3)The division may enter onto private or public land at any time to inspect a well or geothermal resource development project to determine if the well or project is being constructed, operated, or maintained according to any applicable permits or to determine if the construction, operation, or maintenance of the well or project may involve an unreasonable risk to life, health, property, the environment or subsurface, surface, or atmospheric resources.
(a)A well log or record described in Subsection (1)(c) is a public record when filed with the division, unless the owner or operator requests, in writing, that the division holds the well log or record as protected in accordance with Subsection 63G-2-305(1) or
(2)for a period established by the division, not to exceed the earlier of the following, as determined by the division:
(i)five years from the date of production or injection for other than testing purposes;
(ii)two years from the date of abandonment; or
(iii)two years from the date of completion of a geothermal monitoring, exploration, investigation, or test well project that does not directly transition into production development.
(b)A well log or record held protected by the division under Subsection (4)(a) is open to inspection by a person authorized in writing to inspect the well log or record by the owner or operator.
(c)The status of a well log or record as protected under Subsection (4)(a) does not restrict inspection by:
(i)a state officer charged with regulating well operations; or
(ii)an authorized official of the State Tax Commission for purposes of tax assessment.
Amended by Chapter 477 , 2026 General Session