As used in this article 90.5, unless the context otherwise requires:

1. (1)

   1. (a) Allocated geothermal resource means any geothermal resource that is associated with nontributary groundwater.
   2. (b) Allocated geothermal resource does not include groundwater in the Denver basin aquifers or nontributary groundwater aquifers entirely located shallower than two thousand five hundred feet.
2. (2) Commission means the energy and carbon management commission created in section 34-60-104.3 (1).

3. (3)

   1. (a) Deep geothermal operation means any exploration for or production of:

      1. (I) Allocated geothermal resources; or
      2. (II) Geothermal resources that are deeper than two thousand five hundred feet below the surface.

   2. (b)

      1. (I) Deep geothermal operation includes the following activities related to the operation of a well:

         1. (A) Conducting geophysical operations;
         2. (B) Drilling test bores and monitoring wells;
         3. (C) Siting;
         4. (D) Installing and operating flowlines;
         5. (E) Drilling;
         6. (F) Deepening;
         7. (G) Recompleting;
         8. (H) Reworking;
         9. (I) Repurposing; and
         10. (J) Abandoning.
      2. (II) Deep geothermal operation also includes any constructing, site preparing, disposing of geothermal wastes, or reclaiming activities associated with the activities described in subsection (3)(b)(I) of this section.

   3. (c) Deep geothermal operation does not include:

      1. (I) Any exploration or production activities associated with the groundwater in the Denver basin aquifers; or
      2. (II) The use of any heat extracted with produced fluids in an oil and gas operation if the utilization of the heat would otherwise not be economically feasible as a standalone geothermal resource project.
4. (4) Denver basin aquifers means the Dawson, Denver, Arapahoe, and Laramie-Fox Hills aquifers, as described in the rules adopted by the state engineer pursuant to section 37-90-137 (9)(a) and (9)(b).
5. (5) Disproportionately impacted community has the meaning set forth in section 24-4-109 (2)(b)(II).
6. (6) Distributed geothermal resource means any geothermal resource that is not an allocated geothermal resource.
7. (7) Geothermal by-products means dissolved or entrained minerals and gases that may be obtained from the material medium, excluding hydrocarbon substances and carbon dioxide.
8. (8) Geothermal fluid means naturally occurring groundwater, brines, vapor, and steam associated with a geothermal resource.

9. (9) Geothermal resource means the natural heat of the earth and includes:

   1. (a) The energy that may be extracted from that natural heat;
   2. (b) The material medium used to extract the energy from a geothermal resource; and
   3. (c) Geothermal by-products.

   4. (9.5) Historic hot spring means a hot spring that is registered as described in section 37-90.5-106 (7) and is either:

      1. (a) A commercial geothermal hot spring with a vested water right; or
      2. (b) A noncommercial geothermal hot spring that is accessible to and enjoyed by the public.
10. (10) Hot dry rock means a geothermal resource that lacks sufficient geothermal fluid to transport commercial amounts of energy to the surface and that is not associated with an economically useful groundwater resource.
11. (11) Local government means a home rule or statutory county, municipality, or city and county.
12. (12) Material medium means geothermal fluid as well as any other substance used to transfer energy from a geothermal resource.
13. (13) Repealed.
14. (14) Nontributary groundwater has the meaning set forth in section 37-90-103 (10.5).

15. (14.5) Prior geothermal operation means:

    1. (a) A geothermal well, operation, district, or unit authorized by the state engineer or the energy and carbon management commission pursuant to this article 90.5; or
    2. (b) A historic hot spring.
    3. (15) Shallow geothermal operation means any geothermal operation that is not a deep geothermal operation.
    4. (16) Water right has the meaning set forth in section 37-92-103 (12).

Source: L. 83: Entire article added, p. 1419, § 1, effective June 10. L. 2010: (1) amended and (1.5) added, (SB 10-174), ch. 189, p. 811, § 5, effective August 11. L. 2023: Entire section amended, (SB 23-285), ch. 235, p. 1234, § 6, effective July 1. L. 2025: (1)(b) and (3)(c)(II) amended, (9.5) and (14.5) added, and (13) repealed, (HB 25-1165), ch. 257, p. 1305, § 12, effective August 6.

Cross references: For the legislative declaration in HB 25-1165, see section 1 of chapter 257, Session Laws of Colorado 2025.