AB109

Existing law provides that, with certain exceptions, the consumptive use of water brought to the surface outside of a geothermal well is subject to the procedures governing the appropriation of water, except for: (1) water removed from an aquifer or geothermal reservoir to develop and obtain geothermal resources if the water is returned to or reinjected into the same aquifer or reservoir; and (2) the reasonable loss of water under certain circumstances. (NRS 534A.040) Section 1 of this bill instead provides that any consumptive or nonconsumptive use of water brought to the surface to develop and obtain geothermal resources is subject to these procedures. Section 1 also removes the exception for water removed from an aquifer or geothermal reservoir and instead creates an exception for water used for an exploratory well. Existing law provides that, with certain exceptions, the owner of real property owns the rights to the underlying geothermal resources. (NRS 534A.050) Section 2 of this bill clarifies that underground waters belong to the public and the use of such waters for the development of geothermal resources is subject to existing state laws governing the appropriation of water. Existing law requires a person to obtain a permit from the Administrator of the Division of Minerals of the Commission on Mineral Resources and comply with the conditions of the permit before he or she may drill or operate a geothermal well or drill an exploratory well. (NRS 534A.060) Sections 3

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