A California property is located above a known geothermal energy source. The property owner wants to develop geothermal energy. Under California law, are geothermal resources classified as mineral rights or water rights?
Correct Answer
D) Geothermal resources are treated as sui generis (a unique category) and are regulated separately by CalGEM
In California, geothermal resources are treated as sui generis — a unique category that does not fit neatly into traditional mineral rights or water rights classifications. They are regulated by the California Geologic Energy Management Division (CalGEM) under Public Resources Code §3700 et seq. Geothermal development requires permits from CalGEM.
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Related Topics & Key Terms
Key Terms:
Related Concepts
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
A planned unit development (PUD) is a zoning classification that allows mixed land uses (residential, commercial, recreational) within a single development with flexible zoning standards. Homeowners typically own their lot and share common areas.
Police power is the government's authority to enact laws and regulations to protect the public health, safety, morals, and general welfare. It is the broadest power government has over private property.
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