TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 40

GEOTHERMAL RESOURCES ACT

42-4013.  Cooperative unit agreements — Voluntary — Involuntary. (a) Whenever the director finds that it is in the public interest and especially in the interest of the conservation of natural resources and of the protection of the geothermal resources of this state from waste, the lessors, lessees, operators, owners, or other persons holding or controlling royalty or other interests in the separate properties of the same geothermal area may, with the approval of the board, enter into an agreement for the purpose of bringing about the cooperative development, operation, and maintenance of all or a portion of the geothermal resources of the geothermal area as a unit; or for the purpose of fixing the time, location, and manner of drilling, operating, and maintaining of wells and of injection wells. Any such agreement shall bind the successors and assigns of the parties thereto and shall be enforceable by the parties thereto by an action for specific performance. No such agreement, when approved by the board pursuant to this section, shall be held to violate any of the statutes of this state prohibiting monopolies or acts, arrangements, agreements, contracts, combinations or conspiracies in restraint of trade or commerce to the extent that the provisions of such agreement relate to the purpose of this section. No such agreement authorization shall constitute a waiver of any permit, license, lease, or other authorization required under this act or under any other provision of state law or any regulation adopted by any agency or subdivision of this state. The board may establish procedures to govern the establishment or adoption of such cooperative unit agreements.

(b)  Whenever the director finds that a geothermal resource area should be cooperatively operated as a unit to avoid waste, and the persons owning tracts or interests in such area refuse to enter into a cooperative agreement pursuant to subdivision (a) of this section, the board, after notice and hearing, may issue an order that such area shall be operated as a unit. Such order shall provide an equitable sharing of proceeds and liabilities from the geothermal resource area among the several owners of tracts and interests therein.

History:

[42-4013, added 1972, ch. 301, sec. 14, p. 749; am. 1974, ch. 20, sec. 61, p. 533.]