Code of Virginia Code - Article 1. General Provisions

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Code of Virginia
Title 45.2. Mines, Minerals, and Energy
Chapter 20. Geothermal Energy

3/12/2025

Article 1. General Provisions.

§ 45.2-2000. Definitions.

As used in this chapter, unless the context requires a different meaning:

"Board" means the State Water Control Board.

"Correlative right" means the right of each geothermal owner in a geothermal system to produce without waste his just and equitable share of the geothermal resources in the geothermal system.

"Geothermal energy" means the usable energy that is produced or that can be produced from a geothermal resource.

"Geothermal resource" means the natural heat of the earth and the energy, in whatever form, that is present in, associated with, or created by, or that may be extracted from, such natural heat, as determined by the regulations of the Department.

"Geothermal system" means any aquifer, pool, reservoir, or other geologic formation containing geothermal resources.

1981, c. 506, § 45.1-179.2; 1984, c. 590; 2021, Sp. Sess. I, c. 387.

§ 45.2-2001. Application.

The provisions of this chapter regarding (i) permitting, well regulations, reservoir management, and allocation apply to geothermal resources at temperatures above the minimum temperature set forth by the Department pursuant to § 45.2-2004 and (ii) leasing requirements, royalties, or severance taxes apply to geothermal resource applications producing more than the volumetric rate set forth by the Department pursuant to § 45.2-2004.

1981, c. 506, § 45.1-179.3; 2021, Sp. Sess. I, c. 387.

§ 45.2-2002. Ownership.

Ownership rights to a geothermal resource are in the owner of the surface property underlain by the geothermal resource unless such rights have been otherwise explicitly reserved or conveyed. Nothing in this section shall divest the people or the Commonwealth of any rights, title, or interest they might have in any geothermal resource.

1981, c. 506, § 45.1-179.4; 2021, Sp. Sess. I, c. 387.

§ 45.2-2003. Findings; clarification of nature of the resource.

Geothermal resources are found and hereby declared to be sui generis, being neither mineral resources nor water resources. No mineral estate shall be construed to include geothermal resources unless such inclusion is explicit in the terms of the deed or other instrument of conveyance.

1981, c. 506, § 45.1-179.5; 2021, Sp. Sess. I, c. 387.