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AB109

AB109: New Rules for Water Used in Geothermal and Mineral Wells

Last scannedAug 22, 2026, 1:27 AM

In one sentence

This bill changes state laws so that using underground water brought to the surface for geothermal energy or dissolved minerals requires a permit from the State Engineer, unless it is only for an exploratory well.

Requires any use of water brought to the surface for geothermal resources to follow standard water appropriation procedures.
Removes the previous exception that allowed reinjected water to skip permitting and replaces it with an exception only for exploratory wells.
Clarifies that underground waters used for geothermal or dissolved mineral projects belong to the public, not private landowners.
Mandates that drillers obtain a permit from the State Engineer before drilling or operating these types of wells if water appropriation rules apply.
Requires the Administrator of Minerals to send exploration well applications to the State Engineer for review regarding existing rights and public interest.

The bill does not specify the exact date when these new rules will take effect.
It is unclear how long the State Engineer's review process for exploration wells might delay a project beyond current timelines.
Federal laws still determine ownership of dissolved mineral resources, which may limit state control in some cases.

Plain language

Appropriation procedures: The legal steps and rules required to get permission from the state to use public water.
Exploratory well: A test hole drilled into the ground to check for resources before full-scale development begins.
Dissolved mineral resources: Minerals that are mixed into underground water and can be extracted from it.

Official record

Source attached

Revises provisions relating to water. (BDR 48-212)