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Property Ownership Land Use ControlsWater_and_mineral_rightsMEDIUM

A California landowner whose property overlies a known geothermal reservoir wants to drill a well and develop the resource. Which statement best describes what California law requires before drilling begins?

Correct Answer

C) A written notice of intention to drill must be filed with and approved by the California Geologic Energy Management Division

California regulates geothermal development as a subsurface energy resource. Under the Geothermal Resources Act, Public Resources Code 3700 et seq., the owner or operator must file a written notice of intention to drill and obtain the State Oil and Gas Supervisor's approval before drilling starts; that supervisor's division is the California Geologic Energy Management Division, or CalGEM. A geothermal resource beneath privately owned land may be privately developed, because the state's role here is permitting and well safety rather than ownership. Local building and land use approvals may also apply, but they do not substitute for the CalGEM approval.

Answer Options
A
Only a county building permit is required, because a well drilled on privately owned land is exempt from state oversight
B
A water right permit from the State Water Resources Control Board is required, because geothermal steam is appropriated surface water
C
A written notice of intention to drill must be filed with and approved by the California Geologic Energy Management Division
D
No private development is possible, because California reserves all geothermal resources to the state regardless of who owns the land

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Related Topics & Key Terms

Key Terms:

geothermalsui_generisCalGEMunique_category

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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