Section § 3700

Explanation

This law states that California is deeply invested in how geothermal resources are developed. The State Oil and Gas Supervisor has the authority to ensure that wells used for finding and producing geothermal energy are managed safely to protect people, property, and the environment. The aim is to also encourage getting the most economic benefit from these resources.

It is hereby found and determined that the people of the State of California have a direct and primary interest in the development of geothermal resources, and that the State of California, through the authority vested in the State Oil and Gas Supervisor, should exercise its power and jurisdiction to require that wells for the discovery and production of geothermal resources be drilled, operated, maintained and abandoned in such manner as to safeguard life, health, property, and the public welfare, and to encourage maximum economic recovery.

Section § 3701

Explanation

This section defines "geothermal resources" by referring to another part of the law, specifically Section 6903, which contains the detailed definition.

For the purposes of this chapter, “geothermal resources” shall mean geothermal resources as defined in Section 6903 of this code.

Section § 3702

Explanation

This law defines a "geothermal resources area" as a surface area believed to be over geothermal resources, meaning heat or hot water from the Earth.

For the purposes of this chapter, “geothermal resources area” means the same general surface area which is underlaid, or reasonably appears to be underlaid, by geothermal resources.

Section § 3703

Explanation

This law defines what is considered a 'well' in the context of geothermal resources. It includes wells used for finding geothermal resources, those on lands that produce or are believed to contain these resources, and specialized wells used for reinjecting such resources or their byproducts.

“Well” means any well for the discovery of geothermal resources or any well on lands producing geothermal resources or reasonably presumed to contain geothermal resources, or any special well, converted producing well or reactivated or converted abandoned well employed for reinjecting geothermal resources or the residue thereof.

Section § 3703.1

Explanation

This law defines 'low-temperature geothermal resources' as fluids that are valuable due to the heat they contain. These fluids must not exceed the boiling point of water, given the altitude where they are found.

“Low-temperature geothermal resources” are fluids that have value by virtue of the heat contained therein and have a temperature that is not more than the boiling point of water at the altitude of occurrence.

Section § 3704

Explanation

This section defines the term "Department" specifically as the Department of Conservation when referring to governmental matters in California.

“Department”, in reference to the government of this state, means the Department of Conservation.

Section § 3705

Explanation

This law section defines the term “Division” specifically as the Geologic Energy Management Division within the Department of Conservation when it’s mentioned in governmental contexts in California.

“Division,” in reference to the government of this state, means the Geologic Energy Management Division in the Department of Conservation.

Section § 3706

Explanation

This law defines the term "Director" as referring to the Director of Conservation.

“Director” means the Director of Conservation.

Section § 3707

Explanation
The term 'Supervisor' refers to the State Oil and Gas Supervisor.
“Supervisor” means the State Oil and Gas Supervisor.

Section § 3708

Explanation

This law defines the term "person" to include not just individual humans, but also firms, associations, corporations, and other groups acting together as one unit.

“Person” includes any individual, firm, association, corporation, or any other group or combination acting as a unit.

Section § 3709

Explanation

This law defines an 'operator' as anyone who drills, maintains, operates, pumps, or has control over a well.

“Operator” means any person drilling, maintaining, operating, pumping, or in control of any well.

Section § 3710

Explanation

This law section means that when someone other than the owner is running a well, the term 'owner' includes that operator too.

“Owner” includes “operator” when any well is operated or has been operated or is about to be operated by any person other than the owner.

Section § 3711

Explanation

This law section clarifies that the term "operator" also refers to the "owner" of a well if the owner is responsible for running it or has plans to do so soon.

“Operator” includes “owner” when any well is or has been or is about to be operated by or under the direction of the owner.

Section § 3712

Explanation

This law section emphasizes that the chapter should be interpreted in a way that best achieves its goals. The director and the supervisor, with the director's approval, have all the necessary power to fulfill the chapter's objectives. This includes the ability to create rules and regulations needed to implement these goals.

This chapter shall be liberally construed to meet its purposes, and the director and the supervisor, acting with the approval of the director, shall have all powers which may be necessary to carry out the purposes of this chapter, including the authority to adopt rules and regulations.

Section § 3714

Explanation

This law requires the State Oil and Gas Supervisor to oversee geothermal wells in California. The goal is to ensure these wells operate safely and efficiently to maximize resource recovery, prevent harm to people, property, or the environment, and protect water sources from contamination.

The State Oil and Gas Supervisor shall so supervise the drilling, operation, maintenance and abandonment of geothermal resources wells as to encourage the greatest ultimate economic recovery of geothermal resources, to prevent damage to life, health, property, and natural resources, and to prevent damage to, and waste from, the underground geothermal deposits, and to prevent damage to underground and surface waters suitable for irrigation or domestic purposes by reason of the drilling, operation, maintenance, and abandonment of geothermal resources wells.

Section § 3714.5

Explanation

This law allows a supervisor to define specific areas as containing geothermal resources. The supervisor can also decide that certain wells in these areas be exempt from the rules of this chapter if there is no chance of finding geothermal resources.

The supervisor, pursuant to regulation, shall designate geothermal resources areas and may exclude from the operation of this chapter certain wells within such geothermal resources areas when there is no probability of encountering geothermal resources.

Section § 3715

Explanation

This law ensures that supervisors oversee the drilling and operation of geothermal wells to use the best industry practices for maximizing resource recovery. It emphasizes that leases or contracts for geothermal resources in California inherently allow operators to act as prudent operators, focusing on everyone's best interests, unless the contract explicitly says otherwise. However, this law does not impose a legal requirement to perform these operations.

The supervisor shall also supervise the drilling, operation, maintenance, and abandonment of wells so as to permit the owners or operators of such wells to utilize all methods and practices known to the industry for the purpose of increasing the ultimate recovery of geothermal resources and which, in the opinion of the supervisor, are suitable for such purpose in each proposed case. In order to further the elimination of waste by increasing the recovery of geothermal resources it is hereby declared as a policy of this state that the grant in a geothermal resources lease or contract to a lessee or operator of the right or power, in substance, to explore for and remove all geothermal resources from any lands in the State of California, in the absence of an express provision to the contrary contained in such lease or contract, is deemed to allow the lessee or contractor or his successors or assigns, to do what a prudent operator using reasonable diligence would do, having in mind the best interest of the lessor, lessee and the state, in producing and removing geothermal resources; provided, however, nothing contained in this section imposes a legal duty upon such lessee or contractor, his successors or assigns, to conduct such operations.

Section § 3715.5

Explanation

This section outlines how geothermal exploratory projects are managed under California environmental law. Normally, a specified division acts as the lead agency for these projects, but it can delegate this responsibility to a county if the county has a geothermal component in its general plan. Furthermore, if a project applicant requests it, the county where the project is located can take over as the lead agency, even if it doesn't have a geothermal element in its plan. If a county accepts this role, it must work with the division to ensure the environmental review includes all necessary information. These rules do not apply to projects where environmental reports started or were required before January 1, 1979.

(a)CA Public Resources Code § 3715.5(a) For the purposes of the California Environmental Quality Act (commencing with Section 21000), the division shall be the lead agency as defined in Section 21067 for all geothermal exploratory projects as defined in Section 21065.5.
(b)Copy CA Public Resources Code § 3715.5(b)
(1)Copy CA Public Resources Code § 3715.5(b)(1) The division may delegate its lead agency responsibility under this section to a county that has adopted a geothermal element, as defined in Section 25133, for its general plan.
(2)CA Public Resources Code § 3715.5(b)(2) Upon the request of an applicant, the county in which a geothermal exploratory project is located, regardless of whether the county has adopted a geothermal element for its general plan, shall assume responsibilities of a lead agency, as defined in Section 21067, for the project. The applicant shall make the request to the county and the division.
(c)CA Public Resources Code § 3715.5(c) If a county assumes lead agency responsibility pursuant to subdivision (b), the county and the division shall confer regarding necessary information that should be included in the environmental review for the project to facilitate the division’s exercise of its authority as a responsible agency, as defined in Section 21069.
(d)CA Public Resources Code § 3715.5(d) The provisions of this section shall not apply to geothermal exploratory projects, as defined in Section 21065.5, where, before January 1, 1979, preparation of an environmental impact report for a geothermal exploratory project has begun or an application for a geothermal exploratory project that will require preparation of an environmental impact report has been filed.

Section § 3716

Explanation

In each district, a district deputy is responsible for gathering all necessary information about wells to properly supervise them. They create maps and tools to understand underground conditions in geothermal areas and the location of water-bearing layers and surface water that can be used for irrigation or domestic purposes. This helps advise operators on protecting geothermal resources and water supplies, and assists with decisions about testing or repairing wells. The collected data is stored in the district deputy's office and can be accessed by certain state officials, following specific regulations.

The district deputy in each district shall collect all information regarding the wells in the district necessary for the proper supervision of the wells. The district deputy shall prepare maps and other accessories necessary to determine the underground conditions in a geothermal area and the location and extent of strata bearing water suitable for irrigation or domestic purposes or surface water suitable for those purposes. This work shall be done with the view to advising the operators as to the best means of protecting the geothermal resource deposits and the water-bearing strata and surface water, and with a view to aiding the supervisor in ordering tests or repair work at wells. All the data shall be kept on file in the office of the district deputy of the respective district, and copies thereof shall be available, upon request, to the Director of Water Resources, the State Geologist, and the appropriate California regional water quality control board located in the area involved, subject to Section 3752.

Section § 3717

Explanation
When someone asks, the supervisor must inform the Department of Fish and Game and the local water quality board about where geothermal wells are and if they are being abandoned.
Upon request, the supervisor shall notify the Department of Fish and Game and the California regional water quality control board in the area affected of the location and abandonment of geothermal wells.

Section § 3718

Explanation

This section makes it clear that the rules in this chapter do not override or replace any existing rules in certain parts of the Water Code and the Fish and Game Code. Basically, if there's anything in those sections of the code, they still apply and nothing here changes that.

Nothing in this chapter shall be construed as superseding any of the provisions of Division 7 (commencing with Section 13000) of the Water Code or Division 6 (commencing with Section 5650) of the Fish and Game Code.

Section § 3719

Explanation

The supervisor is responsible for creating and distributing materials like publications and reports about geothermal resources if people want them. If these materials are sold, they should be sold for just the cost of production, and the money made should go into the Oil, Gas, and Geothermal Administrative Fund.

The supervisor shall publish any publications, reports, maps, statistical data or other printed matter relating to geothermal resources, for which there may be public demand. If these publications, reports, maps, statistical data or other printed matter are sold, they shall be sold at cost, and the proceeds shall be deposited in the Oil, Gas, and Geothermal Administrative Fund.

Section § 3720

Explanation

This law allows for the state to be split into different areas called districts, and the director has the authority to decide where the boundaries of these districts will be.

For the purposes of this chapter, the state may be divided into one or more districts, the boundaries of which shall be fixed by the director.

Section § 3721

Explanation

If you own or run a well in California, you must pick someone who lives in the state to act as your representative. This person will handle any communications or legal documents from the state supervisor or courts. If this person's role ends, you have to tell the supervisor in writing within five days and choose a new representative unless you stop operations.

Every owner or operator of any well shall designate an agent, giving his or her address, who resides in this state, to receive and accept all orders, notices, and processes of the supervisor or any court of law. Every person so appointing an agent shall, within five days after the termination of the agency, notify the supervisor, in writing, of such termination, and unless operations are discontinued, shall appoint a new agent.

Section § 3722

Explanation

If you own or run a well and you sell, transfer, or exchange it (and the land it's on), you need to notify the appropriate authority within 30 days in writing. This notice must include who you sold it to, the well's name and location, the date of the transaction, when you gave up possession, and a description of the land.

The owner or operator of any well shall notify the supervisor or the district deputy, in writing, in such form as the supervisor or the district deputy may direct, of the sale, assignment, transfer, conveyance, or exchange by the owner or operator of such well, and the land, owned or leased, upon which the well is located, within 30 days after such sale assignment, transfer, conveyance, or exchange. The notice shall contain the following:
(a)CA Public Resources Code § 3722(a) The name and address of the person to whom such well was sold, assigned, transferred, conveyed, or exchanged.
(b)CA Public Resources Code § 3722(b) The name and location of the well.
(c)CA Public Resources Code § 3722(c) The date of the sale, assignment, transfer, conveyance or exchange.
(d)CA Public Resources Code § 3722(d) The date when possession was relinquished by the owner or operator.
(e)CA Public Resources Code § 3722(e) A description of the land upon which the well is situated.

Section § 3723

Explanation

If you take over owning or running a well in any way, you have to tell the state within 30 days. You need to write to the supervisor or local deputy with details like who you got the well from, its name and address, when you got it, when you started operating it, and a description of the land it sits on.

Every person who acquires the ownership or operation of any well, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall, within 30 days after acquiring the well and the land, owned or leased, upon which it is located, notify the supervisor or the district deputy, in writing, of his ownership or operation. The notice shall contain the following:
(a)CA Public Resources Code § 3723(a) The name and address of the person from whom the well was acquired.
(b)CA Public Resources Code § 3723(b) The name and location of the well.
(c)CA Public Resources Code § 3723(c) The date of acquisition.
(d)CA Public Resources Code § 3723(d) The date when possession was acquired.
(e)CA Public Resources Code § 3723(e) A description of the land upon which the well is situated.

Section § 3723.5

Explanation

If you buy or take over a well or multiple wells, you need to file a bond with the supervisor within 30 days. You can either pay $25,000 for each well or a $100,000 blanket bond for any number of wells. The bond should be worded similar to what's described in Section 3725.

Any person who acquires the ownership or operation of any well or wells, whether by purchase, transfer, assignment, conveyance, exchange, or otherwise, shall, within 30 days after acquiring the well or wells, file with the supervisor an individual indemnity bond in the sum of twenty-five thousand dollars ($25,000) for each well acquired, or a blanket indemnity bond in the sum of one hundred thousand dollars ($100,000) for any number of wells acquired. The bond shall be stated in substantially the language set forth in Section 3725.

Section § 3724

Explanation

Before anyone can start drilling a new well or drilling again at an abandoned one, they must send a written notice and a fee to the relevant authorities. This written notice needs to include details like where the well will be, how deep it will go, and other necessary info.

You can't start drilling until you get the okay. If the authorities don't reply within 10 working days, you can go ahead as if you got approval.

Once a well is finished, if you want to deepen, re-drill, or change it in any significant way, similar rules apply, except for the fee. Also, if you want to change the well's name or number, you need approval.

The fees for drilling range from $25 to $1,000 depending on what you're doing and are outlined in another section (3724.6).

The owner or operator of any well, before commencing the original drilling of a well or the redrilling of an abandoned well, shall file with the supervisor or the district deputy a written notice of intention to commence drilling, accompanied by the prescribed fee. Drilling shall not commence until approval is given by the supervisor or the district deputy. If the supervisor or the district deputy fails to give the owner or operator written response to the notice within 10 working days, such failure shall be considered as an approval of the notice and the notice shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor. The notice shall contain the following:
(a)CA Public Resources Code § 3724(a) The location and elevation of the floor of the proposed derrick.
(b)CA Public Resources Code § 3724(b) The number or other designation by which the well shall be known. Such number or designation shall be subject to the approval of the supervisor.
(c)CA Public Resources Code § 3724(c) The owner’s or operator’s estimate of the depths between which production will be attempted.
(d)CA Public Resources Code § 3724(d) Such other pertinent data as the supervisor may require.
After the completion of any well, the provisions of this section, other than the requirement of the payment of the fee, shall also apply, as far as may be, to the deepening or redrilling of the well, or any operation involving the plugging of the well, or any operations permanently altering in any manner the casing of the well. The number or designation by which any well heretofore drilled has been known, and the number or designation specified for any well in a notice filed as required by this section, shall not be changed without first obtaining a written consent of the supervisor.
As set forth by regulation, the appropriate fee to be filed for the drilling of a new well or the redrilling of an abandoned well, shall be twenty-five dollars ($25), two hundred dollars ($200), five hundred dollars ($500), or one thousand dollars ($1,000).
The fee shall be paid as provided in Section 3724.6.

Section § 3724.1

Explanation

If you're an owner or operator wanting to drill shallow wells for checking temperature differences underground, you can submit a program for approval. Your program can cover up to 25 wells and each well can't be deeper than 250 feet. The submission must list the well numbers, their locations, the area's geologic info, and any additional data the supervisor asks for. You’ll pay a fee of $25 per well or $200 per program, whichever is less, and the payment process follows Section 3724.6 guidelines.

An owner or operator may submit to the supervisor for approval a written program to drill a shallow well or wells for temperature-gradient monitoring purposes. In order to qualify under this section, a program shall contain not more than 25 wells and the maximum total depth of each of these wells shall not exceed 250 feet. Each program submitted for approval shall include:
(a)CA Public Resources Code § 3724.1(a) Well numbers.
(b)CA Public Resources Code § 3724.1(b) Well locations and elevations.
(c)CA Public Resources Code § 3724.1(c) Geologic interpretation of the area under investigation, including any known or inferred temperature data.
(d)CA Public Resources Code § 3724.1(d) Such other data as may be required by the supervisor.
The fee required to be filed for the drilling of these shallow wells shall be twenty-five dollars ($25) per well or two hundred dollars ($200) per program, whichever is the lesser.
The fee shall be paid as provided in Section 3724.6.

Section § 3724.2

Explanation

This law says that if a supervisor studies a proposed well and decides it needs more oversight, they can ask for a new plan to be submitted that follows specific rules outlined in another section.

If, after study by the supervisor, it is determined that one or all of the wells proposed pursuant to Section 3724.1 require additional supervision, the supervisor may require that a proposal for such well or wells be submitted in compliance with all the provisions of Section 3724.

Section § 3724.3

Explanation

This law states that drilling new wells, as previously described in Section 3724.1, can't start without approval from a supervisor or district deputy. If they don't respond in writing within 10 working days, it's treated as if they've approved the project, and the non-response counts as a written report from the supervisor.

Drilling of program wells, as described in Section 3724.1, shall not commence until approval is given by the supervisor or the district deputy. If the supervisor or the district deputy fails to give the owner or operator written response to the program within 10 working days, such failure shall be considered as an approval of the program and the program shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor.

Section § 3724.32

Explanation

If an operator doesn't pay certain penalties, follow a supervisor's order, or pay specific charges, their plans for well operations can be put on hold until they take care of these issues.

When an operator fails to pay a civil penalty imposed pursuant to Section 3754.5, comply with an order of the supervisor issued pursuant to this chapter, or pay a charge assessed under Section 3724.5, the supervisor may deny approval of the operator’s proposed well operations until the operator pays the civil penalty, complies with the order of the supervisor, or pays the charge assessed under Section 3724.5.

Section § 3724.35

Explanation

This law gives the supervisor the authority to make rules about wells drilled for checking underground temperature changes. The rules can state what needs to be included in a written plan to be approved, any fees to be charged, and other important details concerning these wells.

The supervisor may adopt regulations governing intermediate and deep wells drilled for temperature-gradient monitoring purposes. The regulations may specify the content of any written program for the wells drilled for that purpose to be submitted to the supervisor for approval, the amount of the fee, if any, to be filed for each intermediate or deep well drilled or for each program, and any other matter deemed necessary by the supervisor.

Section § 3724.4

Explanation

This section mandates that any proposals and data submitted under specific sections must be kept confidential, following the guidelines in another section, Section 3752.

The proposal, and all other data submitted as required by Sections 3724.1, 3724.2, and 3724.3, shall be maintained in a confidential status as provided for in Section 3752.

Section § 3724.5

Explanation

This law establishes that there will be an annual fee and penalties for late payment of that fee for all geothermal resource wells. These fees help fund the supervision of such wells. The annual fee applies to all producing, service, and idle wells that existed during the previous calendar year but does not cover certain wells like temperature-gradient wells or low-temperature wells.

The amount collected in fees, including permits, should equal the amount allocated in the state budget for overseeing these wells. The supervisor of geothermal resources is responsible for setting the fee, considering past expenditures, and must allow geothermal operators to review any budget changes. Rules for setting the fee and collecting associated penalties must be established through a public process.

To provide funds for the supervision of geothermal resource wells, the supervisor shall establish an annual well fee, and penalties for late payment, to be applied on an equal basis to all wells as provided under this section.
The annual well fee shall be imposed upon each producing, service, and idle well that existed at any time during the calendar year preceding the statewide fee-assessment date. However, the annual well fee shall not be imposed on any temperature-gradient or observation well, irrespective of its depth, and any low-temperature well, including any well drilled for the purpose of filling a hot water spa or pool intended for human immersion, or any well for which the supervisor has approved suspension.
The annual well fee shall be established so that the sum of the annual well fees plus the estimated sum of those well permit fees provided in Sections 3724 and 3724.1 and pursuant to any regulation adopted under Section 3724.35 are equal to the appropriation for the supervision of geothermal resource wells as provided in the Governor’s Budget. The establishment of the annual well fee shall take into account any budget adjustments for actual expenditures in the current and prior fiscal years. Any budget change proposal for support of the provisions of this chapter shall be submitted by the supervisor to geothermal operators for review and comment. A system for determining the fee and penalties and administering the fee and penalty collection shall be adopted by the supervisor by regulation after public hearing.

Section § 3724.6

Explanation

If you're applying for a permit related to geothermal resources in California, you'll need to pay a fee. This fee goes to the Department of Conservation. Additionally, there's an annual fee that needs to be paid to the Treasurer. Money from these fees is put into a specific fund called the Oil, Gas, and Geothermal Administrative Fund. This fund is then used solely for overseeing geothermal resource wells.

The permit application fees established in Sections 3724 and 3724.1 shall be made payable by the operator to the Department of Conservation, and the annual well fee established in accordance with Section 3724.5 shall be made payable to the Treasurer. The proceeds from the permit applications and the annual well fees shall be deposited in the Oil, Gas, and Geothermal Administrative Fund, and shall be available for appropriation exclusively for the supervision of geothermal resource wells.

Section § 3725

Explanation

If you're involved in activities like drilling or abandoning a well (excluding low-temperature geothermal wells), you must provide a $25,000 bond for each well. This bond has to be submitted when you notify authorities of your intent to work on the well, ensuring you'll follow the law and cover potential state costs if you don't comply.

The bond ensures you'll adhere to regulations and cover expenses or penalties if you're required by the State Oil and Gas Supervisor. If you comply, the bond is void; otherwise, it stays active.

Every person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any well, except a low-temperature geothermal well, shall file with the supervisor an individual indemnity bond in the sum of twenty-five thousand dollars ($25,000) for each well drilled, redrilled, deepened, maintained, or abandoned. The bond shall be filed with the supervisor at the time of the filing of the notice of intention to drill, redrill, deepen, maintain, or abandon, as provided in Section 3724 or 3724.1. The bond shall be executed by the person, as principal, and by an authorized surety company, as surety, conditioned that the principal named in the bond shall faithfully comply with all the provisions of this chapter, in drilling, redrilling, deepening, maintaining, or abandoning any well or wells covered by the bond, and shall secure the state against all losses, charges, and expenses incurred by it to obtain such compliance by the principal named in the bond.
The conditions of the bond shall be stated in substantially the following language:
“If ____, the above bounden principal, shall well and truly comply with all the provisions of Chapter 4 (commencing with Section 3700) of Division 3 of the Public Resources Code and shall obey all lawful orders of the State Oil and Gas Supervisor, or his or her district deputy or deputies, if not appealed as provided in that chapter, or upon affirmance thereof by the Director of Conservation, if appealed thereto, and shall pay all charges, costs, and expenses incurred by the supervisor or his or her district deputy or deputies in respect of the well or wells or the property or properties of the principal, or assessed against the well or wells or the property or properties of the principal, in pursuance of the provisions of that chapter, then this obligation shall be void; otherwise, it shall remain in full force and effect.”

Section § 3725.5

Explanation

If you're involved in drilling or working on a low-temperature well in California, you must provide a financial guarantee called an indemnity bond. The amount of the bond depends on the depth of the well: $2,000 for wells less than 2,000 feet deep; $10,000 for wells 2,000 to under 5,000 feet deep; $15,000 for wells between 5,000 and under 10,000 feet deep; and $25,000 for wells 10,000 feet deep or more. This bond ensures funds are available to address any issues that may arise from the drilling activities.

Before starting any work, you need to file this bond, along with your intention notice, with the supervisor responsible for overseeing compliance. The bond must be backed by an authorized company, ensuring there's financial support available if needed.

Any person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of any low-temperature well, as defined in Section 3703.1, shall file with the supervisor an individual indemnity bond in the sum of two thousand dollars ($2,000) for each well less than 2,000 feet deep, ten thousand dollars ($10,000) for each well 2,000 feet deep or deeper, but less than 5,000 feet deep, fifteen thousand dollars ($15,000) for each well 5,000 but less than 10,000 feet deep, or twenty-five thousand dollars ($25,000) for each well 10,000 or more feet deep. The bond shall be filed with the supervisor at the time of the filing of the notice of intention to drill, redrill, deepen, maintain, or abandon, as provided in Section 3724 or 3724.1. The bond shall be executed by such person, as principal, and by an authorized surety company, as surety, and shall be in substantially the same language and upon the same conditions as provided in Section 3725, except as to the difference in the amount.

Section § 3726

Explanation

In California, if you're involved in drilling or maintaining wells, you can choose to file a single $100,000 bond to cover all your well operations. This would be instead of filing separate bonds for each activity as required by other laws. The bond must be issued with an authorized surety company, and its terms should be similar to those in Section 3725, just with a different amount.

Any person who engages in the drilling, redrilling, deepening, maintaining, or abandoning of one or more wells at any time, may file with the supervisor one bond for one hundred thousand dollars ($100,000) to cover all his operations in drilling, redrilling, deepening, maintaining, or abandoning of any of his wells in this state in lieu of an individual indemnity bond for each such operation as required by Section 3725 or 3725.5. The bond shall be executed by such person, as principal, and by an authorized surety company, as surety, and shall be in substantially the same language and upon the same conditions as provided in Section 3725, except as to the difference in the amount.

Section § 3728

Explanation

In California, if you have an indemnity bond for oil wells, you can cancel it and end your obligations if you get approval from a supervisor. This is possible when your wells have been properly shut down or if you replace the bond with another valid one. If you have a blanket bond covering multiple wells and abandon some of them, you can also cancel the bond for those abandoned wells by filing individual bonds for each remaining active well. Additionally, the liability for wells under a blanket bond that have been drilled and abandoned can end if the supervisor agrees.

Any individual or blanket indemnity bond issued in compliance with this chapter may, with the consent of the supervisor, be terminated and canceled and the surety be relieved of all obligations thereunder when the well or wells covered by such bond have been properly abandoned or another valid bond has been substituted therefor. Should the person who has filed a blanket bond properly abandon a portion of his wells covered by the bond, the bond may, with the consent of the supervisor, be terminated and canceled and the surety be relieved of all obligations thereunder upon the filing by such person of an individual bond for e ch well which he is still engaged in drilling, redrilling, deepening, maintaining, or abandoning. Liability as to individual wells that have been drilled and abandoned under a blanket bond may also be terminated with the consent of the supervisor.

Section § 3728.5

Explanation

This law allows an alternative to the usual bond requirement. Instead of a bond, a deposit can be made if the supervisor gives written approval. The deposit is guided by specific rules from the Code of Civil Procedure, but it cannot be in the form of money or bearer bonds or bearer notes.

In lieu of the bond required by Sections 3723.5, 3725, 3725.5, and 3726, a deposit may, with the written approval of the supervisor, be given pursuant to Article 7 (commencing with Section 995.710) of Chapter 2 of Title 14 of Part 2 of the Code of Civil Procedure, other than a deposit of money or bearer bonds or bearer notes.

Section § 3729

Explanation

This law explains that a well is considered properly abandoned when it has been ensured that no harmful substances can enter underground or surface water used for farming, irrigation, or domestic purposes, and that no fluids can escape to the surface. All necessary steps must be taken to satisfy the supervisor responsible for overseeing this process.

For the purposes of Section 3728, a well is properly abandoned when it has been shown to the satisfaction of the supervisor that all proper steps have been taken to protect underground or surface water suitable for irrigation or farm or domestic purposes from the infiltration or addition of any detrimental substance, and to prevent the escape of all fluids to the surface.

Section § 3730

Explanation

If you own or run a well, you must maintain a detailed and precise record of the drilling process and its history. This includes logging the activities and keeping core samples tracked accurately.

The owner or operator of any well shall keep, or cause to be kept, a careful and accurate log, core record, and history of the drilling of the well.

Section § 3731

Explanation

This section requires a detailed record, or log, to be kept when drilling a well. The log must include information about the type and depth of materials drilled through, the casing used, and details about any water-bearing layers. It must also note the temperature, chemical composition, and other characteristics of any fluids found while drilling.

The log shall show the character and depth of the formation passed through or encountered in the drilling of the well, the amount, size and weight of casing used, and particularly the location, depth and temperature of waterbearing strata, together with the temperature, chemical composition, and other chemical and physical characteristics of fluid encountered from time to time, so far as ascertained.

Section § 3732

Explanation

This law section requires that the core record must include details about the depth, type, and any fluid content of the cores that have been collected. These details should be recorded as accurately as they have been determined.

The core record shall show the depth, character, and fluid content of cores obtained, so far as determined.

Section § 3733

Explanation

This section requires keeping detailed records during drilling operations. Specifically, it involves documenting where and how much equipment like casings and tools are sidelined, the depth and amount of cement used in plugs, and any explosive actions such as dynamite shots. It also mandates records of production results and any test outcomes conducted during the drilling, along with completion details.

The history shall show the location and amount of sidetracked casings, tools, or other material, the depth and quantity of cement in cement plugs, the shots of dynamite or other explosives, the results of production and other tests during drilling operations, and completion data.

Section § 3734

Explanation

This law requires that a log, along with tour reports, be kept in the local office of the owner or operator. These documents must be available for inspection by certain authorities during business hours.

The log shall be kept in the local office of the owner or operator and, together with the tour reports of the owner or operator, shall be subject, during business hours, to the inspection of the board, the supervisor, or the district deputy.

Section § 3735

Explanation

When a well is completed, abandoned, or when operations are stopped, you have 60 days to submit two copies of records like logs, core records, and test results to the district deputy. This also applies if you rework the well.

Upon the completion or abandonment of any well or upon the suspension of operations upon any well, true copies of the log, core record, history, and, if made, true copies of all electrical, physical, or chemical logs, tests, or surveys, in duplicate and in such form as the supervisor may direct, shall be filed with the district deputy within 60 days after such completion or abandonment. Like copies shall be filed upon the recompletion of any well.

Section § 3736

Explanation

If you're the owner or operator of a well, or their local representative, you must provide certain drilling records — like logs, history, and core data — to the supervisor if they request it in writing after you start drilling. This request will be signed by the supervisor or their deputy and can be delivered to you either in person or by sending it to your last known mailing address via registered mail.

The owner or operator of any well, or his local agent, shall file with the supervisor a copy of the log, history, and core record, or any portion thereof, at any time after the commencement of the work of drilling any well upon written request of the supervisor, or the district deputy. The request shall be signed by the supervisor, or the district deputy, and served either personally, or by mailing a copy of the request, by registered mail, to the last known post office address of the owner or operator, or his agent.

Section § 3737

Explanation

According to this law, a well is considered finished 30 days after it starts producing geothermal energy, unless drilling activities restart within that 30-day timeframe.

A well is completed, for the purposes of this chapter, 30 days after it has commenced to produce a geothermal resource unless drilling operations are resumed before the end of the 30-day period.

Section § 3739

Explanation

This law requires that anyone operating or drilling wells with known high pressures, or in areas where pressures are unknown, must equip these wells with strong casings and necessary safety devices. They must follow methods approved by the supervisor and do everything they reasonably can to prevent blowouts, explosions, and fires.

Any person engaged in operating any wells wherein high pressures are known to exist, and any person drilling for geothermal resources in any district where the pressures are unknown shall equip the well with casings of sufficient strength, and with such other safety devices as may be necessary, in accordance with methods approved by the supervisor, and shall use every reasonable effort and endeavor effectually to prevent blowouts, explosions, and fires.

Section § 3740

Explanation

If you own or operate a well that might have geothermal resources, you need to make sure it's properly sealed with casings that keep water protected. The casing must be watertight and meet the approved standards by the relevant authority.

Moreover, you must take all reasonable steps to avoid harming people, property, and the environment. You should prevent harmful substances from getting into water sources good for farming or home use, and keep these substances from mixing with surface water.

The owner or operator of any well on lands producing or reasonably presumed to contain geothermal resources shall properly case it with watertight and adequate casing, in accordance with methods approved by the supervisor or the district deputy. The owner or operator shall also use every reasonable effort and endeavor to prevent damage to life, health, property, and natural resources, to shut out detrimental substances from strata containing water suitable for irrigation or domestic purposes and from surface water suitable for such purposes, and to prevent the infiltration of detrimental substances into such strata and into such surface water.

Section § 3741

Explanation

This law requires a supervisor to order necessary tests or repair work to avoid harm to life, health, property, and natural resources. This includes protecting geothermal resources, preventing harmful substances from entering water supplies, and ensuring the well-being of neighboring property owners and the public.

The supervisor shall require such tests or remedial work as in his judgment are necessary to prevent damage to life, health, property, and natural resources, to protect geothermal resources deposits from damage, or to prevent the infiltration of detrimental substances into underground or surface water suitable for irrigation or domestic purposes, to the best interests of the neighboring property owners and the public.

Section § 3742.2

Explanation

If you have drilled a well on state, federal, or private lands that produces geothermal resources, you can apply for a certificate of primary purpose. This certificate states that the well's main job is to produce geothermal resources, not water for drinking or farming use. Having this certificate means you likely own the geothermal resources you extract, unless it's shown that the water can be used for domestic or farming without extra treatment. The certificate doesn't cover water that comes out as a by-product of geothermal production.

Any person having drilled a well or wells on state, federal or private lands which are producing or, according to the supervisor, are capable of producing geothermal resources, may, at any time, apply to the supervisor for a certificate of primary purpose. When the supervisor determines that such well or wells are primarily for the purpose of producing geothermal resources and not for the purpose of producing water usable for domestic and irrigation purposes, the supervisor shall issue a certificate of primary purpose to such person. Such certificate shall establish a rebuttable presumption that such person has absolute title to the geothermal resources reduced to his possession from such well or wells. Such presumption may be rebutted only upon a showing that the water content of the geothermal resources is useful for domestic or irrigation purposes without further treatment thereof, but not by virtue of any production of such water as a by-product incident to the production of the geothermal resources.

Section § 3743

Explanation

This section explains how supervisors or district deputies issue orders to operators of oil and gas wells based on violations or issues with drilling operations. These orders must clearly outline the actions or failures of the operator, specify penalties, and cite the relevant legal provisions. The orders have to be in writing and served personally or by certified mail. If an operator requests a specific directive regarding well operations, the supervisor or deputy must respond with a written order within five days. Operators have the right to appeal these orders, and the orders must inform them of this right.

(a)CA Public Resources Code § 3743(a) An order of the supervisor or a district deputy issued pursuant to this chapter shall provide a clear and concise recitation of the acts or omissions with which the operator is charged. The order shall state all penalties and requirements imposed on the operator in connection with the acts or omissions charged and the order shall provide citations to the provisions of this code and the regulations that support the imposition of the penalties and requirements.
(b)CA Public Resources Code § 3743(b) An order of the supervisor or a district deputy shall be in writing and shall be served on the operator by personal service or by certified mail.
(c)CA Public Resources Code § 3743(c) When the supervisor or a district deputy makes or gives any written direction concerning the drilling, testing, or other operations in any well drilled, in process of drilling, or being abandoned, and the operator, owner, or representative of either, serves written notice, either personally or by mail, addressed to the supervisor, or to the district deputy at his or her office in the district, requesting that a definite order be made upon the subject, the supervisor or the district deputy shall, within five days after receipt of the notice, deliver a final written order on the subject matter.
(d)CA Public Resources Code § 3743(d) When the supervisor or a district deputy issues any written order concerning an operation, an appeal may be made from the order pursuant to Sections 3762 to 3768, inclusive. The order shall inform the operator of its right to appeal the order.

Section § 3744

Explanation

If a work order is issued under Section 3743, the operator must start the work within 30 days or sooner if directed, and complete it. If not, the supervisor can appoint people to do the work, and the operator will owe the costs, which become a lien on their property, like a legal claim. In emergencies, the supervisor can take any action needed to protect life, health, property, or natural resources immediately, even if it overrides other rules.

(a)CA Public Resources Code § 3744(a) Within 30 days from the date of service of an order made pursuant to Section 3743, or if there has been an appeal from the order to the director, within 30 days after service of the decision of the director, or if a review has been taken of the order of the director, within 10 days after the affirmance of the order, the operator shall commence in good faith the work ordered and continue it until completion. If the work has not been commenced and continued to completion, the supervisor may appoint necessary agents to enter the premises and perform the work. An accurate account of the expenditures shall be kept. Any amount so expended constitutes a lien against the real or personal property of the operator upon which the work is done and the lien has the force, effect, and priority of a judgment lien pursuant to Section 3772.
(b)CA Public Resources Code § 3744(b) Notwithstanding Section 3741, 3743, or 3755, if the supervisor determines that an emergency exists, the supervisor may make formal or emergency orders or undertake any other action that the supervisor determines to be necessary for the protection of life, health, property, or natural resources.

Section § 3745

Explanation

If you own a well that produces or injects fluids for geothermal operations, you need to submit a monthly report to the supervisor detailing the previous month's production and injection activities. This report must be filed by the 30th of each month, using the specific format the supervisor requires.

The owner of any well producing geothermal resources or injecting fluids associated with geothermal operations shall file with the supervisor, on or before the 30th day of each month, for the last preceding calendar month, a statement of production and injection in the form as the supervisor may designate.

Section § 3746

Explanation

Before an owner or operator can officially abandon a well, they need to follow certain approved methods and directions from the supervisor or district deputy. They must make every reasonable effort to ensure that underground or surface water, which is suitable for irrigation or drinking, is protected from harmful substances.

Before abandoning any well in accordance with methods approved by the supervisor or the district deputy, and under his direction, the owner or operator shall use every reasonable effort and endeavor to protect any underground or surface water suitable for irrigation or domestic purposes from the infiltration or addition of any detrimental substances.

Section § 3747

Explanation

If you're planning to abandon a well, you need to notify the state supervisor or district deputy in writing at least 10 days before starting the work. This notice should include the well's condition and how you plan to abandon it.

Additionally, be ready to provide any further details about the well or your abandonment plans if requested by the supervisor or deputy during the process from when you notify them until the abandonment is complete.

Before any work is commenced to abandon any well, the owner or operator shall give written notice to the supervisor or the district deputy of the owner’s or operator’s intention to abandon the well and the date upon which the work of abandonment will begin.
The notice shall be given at least 10 days before the proposed abandonment, and it shall show the condition of the well and the proposed method of abandonment.
The owner or operator shall furnish the supervisor or the district deputy any additional information that the supervisor or the district deputy may request regarding the condition of the well and the proposed method of abandonment, at any time between the filing of the notice of intention to abandon the well and the completion of abandonment.

Section § 3748

Explanation

Before starting the process to abandon a well, the supervisor or district deputy must provide the well's owner or operator with one of the following: a written approval of the abandonment plan, a report detailing the work or tests needed for approval, or a request for specific information required for approval.

The supervisor, or the district deputy, shall before the proposed date of commencing work to abandon such well, furnish to the owner or operator either:
(a)CA Public Resources Code § 3748(a) A written report of approval of the proposal.
(b)CA Public Resources Code § 3748(b) A written report stating what work or tests will be necessary before approval of abandonment will be given.
(c)CA Public Resources Code § 3748(c) A written request stating what information will be necessary for the owner or operator to furnish the supervisor or the district deputy before approval to commence work to abandon or before approval of abandonment will be given.

Section § 3749

Explanation

If the responsible official doesn’t provide a written report or request to the well owner or operator by the deadline, it’s assumed they agree with the plan to abandon the well, and it will be treated as if they had given an official written report.

If the supervisor or the district deputy fails to give the owner or operator a written report or request within the specified time, such failure shall be considered as an approval of the proposal to abandon the well, and the proposal shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor or the district deputy.

Section § 3750

Explanation

When a well is abandoned, the owner or operator has 60 days to submit a detailed report of the abandonment work to the supervisor or district deputy. Within 10 days of receiving this report, the supervisor or deputy must respond with either an approval or disapproval, explaining any issues if they disapprove.

If the well owner doesn’t follow the approved abandonment process, or fails to notify about required tests, or doesn’t provide requested information about the well’s condition, the abandonment can be disapproved.

Within 60 days after the completion of abandonment of any well, the owner or operator of the well shall make, in such form as the supervisor or the district deputy may direct, a written report of all work done in connection with the abandonment. The supervisor or the district deputy shall, within 10 days after the receipt of a written report of completion, furnish the owner or operator with a written final approval of abandonment, or a written disapproval of abandonment, setting forth the conditions upon which the disapproval is based.
Failure to abandon in accordance with the approved method of abandonment, or failure to notify the supervisor or the district deputy of any test required by the final approval of abandonment to be witnessed by the supervisor, the district deputy or his inspector, or failure to furnish the supervisor or the district deputy, at his request, with any information regarding the condition of the well, shall constitute sufficient grounds for disapproval of the abandonment.

Section § 3751

Explanation

This law states that if you want to remove the casing from a well, you must notify the supervisor or district deputy in writing at least 10 days before doing so. They must respond with written approval or detail what needs to be done for approval. If they don't respond in time, it's treated as approved.

After removing the casing, a written report detailing all the work done must be submitted within five days in the manner specified by the supervisor or district deputy.

No person, whether as principal, agent, servant, employee, or otherwise, shall remove the casing or any portion thereof, from any well without first giving written notice to the supervisor or the district deputy of the person’s intention to remove the casing from the well. The notice shall be given at least 10 days before the proposed removal.
The supervisor or the district deputy shall, before the proposed date of removal, furnish the person with a written report of approval of the person’s proposal, or a written report stating what work shall be done before the approval will be given.
If the supervisor or the district deputy fails to give the person a written report within the specified time, that failure shall be considered an approval of the proposal to remove the casing, and the proposal shall, for the purposes and intents of this chapter, be deemed a written report of the supervisor or the district deputy.
Within five days after the completion of the removal, the person shall make, in the form as the supervisor or district deputy may direct, a written report, in duplicate, of all work done in connection with the removal.

Section § 3752

Explanation

This California law section primarily deals with the confidentiality and public accessibility of well records. Generally, well records are public, unless the owner requests them to be confidential for up to five years after drilling stops. This confidentiality can be extended to seven years with special permission, and possibly longer with public notice. However, once a lease is terminated or expired, records become public. Certain state and tax authorities have access to these records for specific duties. Experimental logs and special interpretive data aren't considered public records. Drilling operations officially stop when the machinery is removed from the site.

(a)Copy CA Public Resources Code § 3752(a)
(1)Copy CA Public Resources Code § 3752(a)(1) Except as otherwise provided in this section, all the well records, including production records, of an owner or operator that are filed pursuant to this chapter are public records for purposes of the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code).
(2)CA Public Resources Code § 3752(a)(2) Those records are public records when filed with the division, unless the owner or operator requests, in writing, that the division maintain the well records as confidential information. The confidential period shall not exceed five years from the cessation of drilling operations as specified in subdivision (e).
(3)CA Public Resources Code § 3752(a)(3) Well records that are maintained as confidential information by the division shall be open to inspection by those persons whom the owner or operator authorizes in writing. Confidential status shall not apply to state officers charged with regulating well operations, the director, or as provided in subdivision (c).
(4)CA Public Resources Code § 3752(a)(4) On receipt by the supervisor of a written request documenting extenuating circumstances relating to a particular well, including a well on an expired or terminated lease, the supervisor may extend the period of confidentiality for six months. The total period of confidentiality, including all extensions, shall not exceed seven years from the cessation of drilling operations as specified in subdivision (e), unless the director approves a longer period after a 30-day public notice and comment period. The director shall initiate and conduct a public hearing on receipt of a written complaint.
(b)CA Public Resources Code § 3752(b) Notwithstanding subdivision (a), the well records shall become public records when the supervisor is notified that the lease has expired or terminated.
(c)CA Public Resources Code § 3752(c) Production reports filed pursuant to Section 3745 shall be open to inspection by the State Board of Equalization or its duly appointed representative when making a survey pursuant to Section 1815 of the Revenue and Taxation Code or when valuing state-assessed property pursuant to Section 755 of the Revenue and Taxation Code, and by the assessor of the county in which a well referred to in Section 3745 is located.
(d)CA Public Resources Code § 3752(d) For the purposes of this section, “well records” does not include either experimental logs and tests or interpretive data not generally available to all operators, as defined by the supervisor by regulation.
(e)CA Public Resources Code § 3752(e) For purposes of this section, the cessation of drilling operations occurs on the date of removal of drilling machinery from the well site.

Section § 3753

Explanation

This law outlines the process for handling complaints about violations related to wells. When someone files a written complaint detailing a specific issue, the supervisor must investigate and create a report that recommends either repair work or states that no action is needed.

If repairs are required, the report specifies what needs fixing, and all relevant parties, like the well owners or operators, are sent a copy of the order detailing the necessary work. The complainant and those responsible for the well will receive copies of this order through mail.

Upon receipt by the supervisor or by a district deputy of a written complaint, alleging a condition in violation of this chapter, specifically setting forth the condition complained against, signed by the complainant, the supervisor shall make an investigation of the well or wells and make a written report and order, stating the work required to repair the damage complained of, or stating that no work is required.
A copy of the order shall be delivered to the complainant, or if more than one, to each complainant, and, if the supervisor orders the damage repaired a copy of the order shall be delivered to each of the owners, operators, or agents having in charge the well or wells upon which the work is to be done.
The order shall contain a statement of the conditions sought to be remedied or repaired and a statement of the work required by the supervisor to repair the condition. Service shall be made by mailing copies to such persons at the post office address given.

Section § 3754

Explanation

This law states that if you own, operate, or work at a well and refuse inspection or hinder inspection efforts, you could face legal consequences. Additionally, failing to provide required reports, providing false reports, or not following the rules outlined in this chapter can result in being charged with a misdemeanor. This can lead to a fine between $100 and $1,000, up to six months in jail, or both.

Any owner or operator, or employee thereof, who refuses to permit the supervisor or the district deputy, or his or her inspector, to inspect a well or appurtenant facilities, or who willfully hinders or delays the enforcement of this chapter, and every person, whether as principal, agent, servant, employee, or otherwise, who violates, fails, neglects, or refuses to comply with this chapter, or who fails or neglects or refuses to furnish any report or record which may be required pursuant to this chapter, or who willfully renders a false or fraudulent report, is guilty of a misdemeanor, punishable by a fine of not less than one hundred dollars ($100), nor more than one thousand dollars ($1,000), or by imprisonment for not exceeding six months, or by both the fine and imprisonment, for each offense.

Section § 3754.5

Explanation

This section states that if a person breaks any rules in this chapter, they can be fined up to $5,000 for each violation. However, if the issue was caused by natural disasters or vandalism that the operator couldn't control, it's not considered a violation.

Before the penalty is applied, the person must be notified and given a chance to speak. The supervisor will determine the penalty based on factors like the harm caused, how often the violation occurs, and any previous violations by the same person. This penalty is applied on top of any other legal penalties.

If someone wants to challenge the penalty, they can review it according to specific sections (3762-3771). Once the penalty is final, the supervisor can ask the court to enforce payment. Fines collected are put into the Oil, Gas, and Geothermal Administrative Fund.

(a)CA Public Resources Code § 3754.5(a) Any person who violates this chapter or any regulation implementing this chapter is subject to a civil penalty not to exceed five thousand dollars ($5,000) for each violation. Acts of God, and acts of vandalism beyond the reasonable control of the operator, shall not be considered a violation. The civil penalty shall be imposed by an order of the supervisor upon a determination that a violation has been committed by the person charged, following notice to the person and an opportunity to be heard. The imposition of a civil penalty under this section shall be in addition to any other penalty provided by law for the violation. When establishing the amount of civil liability pursuant to this section, the supervisor shall consider, in addition to other relevant circumstances, (1) the extent of harm caused by the violation, (2) the persistence of the violation, and (3) the number of prior violations by the same violator.
(b)CA Public Resources Code § 3754.5(b) An order of the supervisor imposing a civil penalty shall be reviewable pursuant to Sections 3762 to 3771, inclusive. When the order of the supervisor has become final or has been upheld following exhaustion of the applicable review procedures, the supervisor may apply to the appropriate superior court for an order directing payment of the civil penalty.
(c)CA Public Resources Code § 3754.5(c) Any amount collected under this section shall be deposited in the Oil, Gas, and Geothermal Administrative Fund.

Section § 3755

Explanation

If a well has been left unattended, the supervisor or their deputy can order it to be abandoned, even if it's not causing immediate harm. If drilling stops and the equipment is removed for six months, it's assumed the well has been deserted unless an extension is requested. The supervisor can extend this period if there's a good reason.

The supervisor or his deputy may order the abandonment of any well that has been deserted whether or not any damage is occurring or threatened by reason of said well. Suspension of drilling operations and removal of drilling machinery is prima facie evidence of desertion after the elapse of six months unless a request for an extension of time for a period not to exceed an additional six months is theretofore filed. At any time the supervisor may for good cause shown extend this period.

Section § 3756

Explanation

This law allows landowners and operators interested in geothermal resources to make agreements, with supervisory approval, for joint development or operation of a geothermal area. The goal is to prevent wasting these resources. The agreements can cover the timing, location, and methods of drilling. Once approved, these agreements are binding and can be enforced legally. Importantly, they are not considered illegal monopolies or trade restraints.

Whenever the supervisor finds that it is in the interest of the protection of geothermal resources from unreasonable waste, the lessors, lessees, operators, or other persons owning or controlling royalty or other interests in the separate properties of the same producing or prospective geothermal resources area, may, with the approval of the supervisor, enter into agreements for the purpose of bringing about the cooperative development and operation of all or a part or parts of the area, or for the purpose of bringing about the development or operation of all or a part or parts of such area as a unit, or for the purpose of fixing the time, location, and manner of drilling and operating of wells for the production of geothermal resources. Any such agreement shall bind the successors and assigns of the parties thereto in land affected thereby and shall be enforceable in an action for specific performance. No such agreement when approved by the supervisor hereunder 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.

Section § 3757

Explanation

If a geothermal well is drilled within 100 feet of the edge of the land it is on, or 100 feet from a public road or highway that existed before drilling started, it is considered a public nuisance.

Any well hereafter drilled for the discovery and production of geothermal resources, which is located within 100 feet of an outer boundary of the parcel of land on which the well is situated, or within 100 feet of a public road or street or highway dedicated prior to the commencement of drilling of the well, is a public nuisance.

Section § 3757.1

Explanation

If you own a piece of land that's one acre or more and most of it can't be used for drilling a geothermal well, special rules apply. The supervisor can allow drilling in spots they think are best, but there are limits: you can't drill within 25 feet of the property's edge or a public road. They might also require a detailed directional survey of the drilling, which has to be submitted within 15 days after drilling finishes.

Notwithstanding any other provisions of this chapter, where a parcel of land contains one acre or more and all or substantially all of the surface is unavailable for the location of a geothermal well and directional drilling is found by the supervisor to be necessary, the supervisor may approve proposals to drill wells at whatever locations the supervisor determines to be advisable for the purpose of properly developing the geothermal resources except, that no well shall be drilled or permitted to produce which is located within 25 feet of the outer boundary of the parcel of land on which the well is situated or within 25 feet of a public road, street, or highway dedicated prior to the commencement of drilling. The supervisor may require, at the time the supervisor gives approval of the notice of intention to drill, redrill, or deepen such well, that a subsurface directional survey be made, and that the survey be filed with the supervisor within 15 days of cessation of drilling operations.

Section § 3757.2

Explanation

This law allows a supervisor to exempt certain low-temperature geothermal wells from specific regulations if the geothermal energy is used at home or for non-commercial purposes. Additionally, the supervisor can approve where these wells may be drilled, as long as they are not within 15 feet of the land's boundary or close to roads established before drilling starts.

For the purpose of developing low-temperature geothermal resources, the supervisor may approve the exemption of any low-temperature geothermal well from Sections 3721, 3722, 3723, 3723.5, 3725.5, and 3745, if the resource is used domestically or in a noncommercial manner. The supervisor may also approve the drilling of low-temperature geothermal wells at whatever locations he deems advisable, if no well is drilled or permitted to produce which is located within 15 feet of the outer boundary of the parcel of land on which the well is situated or within 15 feet of a public road, street, or highway dedicated prior to the commencement of drilling.

Section § 3758

Explanation

This law section explains that when multiple pieces of land, even if owned by different people, are combined and operated together for geothermal resource extraction, they are treated as one unit. The 'outer boundary line' refers to the boundary around the entire combined area included in the lease or unit. Any roads or alleys within these parcels do not break the continuity of the land.

Where several contiguous parcels of land in one or different ownerships are operated as a single geothermal resources lease or operating unit, the term “outer boundary line” means the outer boundary line of the lands included in the lease or unit. In determining the contiguity of any such parcels of land, no street, road or alley lying within the lease or unit shall be deemed to interrupt such contiguity.

Section § 3759

Explanation

This law clarifies that an alley, even if it runs through a block or a subdivision, is not considered a public street or road under this chapter.

For the purpose of this chapter, an alley which intersects or lies within any block or other subdivision unit is not a public street or road.

Section § 3760

Explanation

If you drill a well or extract geothermal resources against the rules of this chapter, every day you continue doing it is considered a separate problem, called a nuisance.

Each day in which the drilling of any well is carried on, or on which it is permitted to produce geothermal resources in violation of this chapter is a separate nuisance.

Section § 3761

Explanation

This law states that the rules about where geothermal resource wells can be located do not apply to wells that were already producing geothermal resources when the law was enacted.

The provisions regarding the location of geothermal resources wells do not apply to any wells producing geothermal resources on the effective date of this act.

Section § 3762

Explanation

If a well operator receives an order from a supervisor or district deputy, they have 10 days to appeal to the director. If they miss this deadline, they lose the right to challenge the order.

Submitting an appeal usually stops the order from being enforced, except in emergency situations. For emergency orders, the operator must address the emergency immediately or allow the authorities to do so.

If an emergency order is overturned or changed, the operator can get a refund for costs of unnecessary work. Refunds are decided after any appeals, and operators must prove their expenses to be eligible. If they disagree with the cost decision, they can appeal that, too.

If an operator thinks doing the required emergency work would cause severe harm while awaiting the appeal, they can ask a superior court to block the order temporarily.

(a)CA Public Resources Code § 3762(a) The operator of a well to whom the supervisor or district deputy has issued an order pursuant to this chapter may file a notice of appeal to the director from that order. The notice of appeal shall be in writing and shall be filed with the supervisor or with the district deputy who issued the order. The operator shall file the appeal within 10 days of the service of the order. Failure of the operator to file an appeal from the order within the 10-day period shall be a waiver by the operator of its rights to challenge the order. If the order is served by mail, the time for responding shall be determined as provided in Section 1013 of the Code of Civil Procedure.
(b)Copy CA Public Resources Code § 3762(b)
(1)Copy CA Public Resources Code § 3762(b)(1) The filing of a written notice of appeal shall operate as a stay of the order, except when an order for remedial work is issued as an emergency order pursuant to Section 3744. If the order is an emergency order, the operator shall immediately perform whatever work is required by the order to alleviate the emergency or shall permit the agents appointed by the supervisor to perform that work.
(2)CA Public Resources Code § 3762(b)(2) If the emergency order is set aside or modified on appeal, the supervisor shall refund the reasonable costs incurred by the operator for whatever work is not required by the set-aside or modified order or shall not impose costs for work performed by the supervisor or the supervisor’s agents if the work is excluded from the modified order or the order is set aside.
(3)Copy CA Public Resources Code § 3762(b)(3)
(A)Copy CA Public Resources Code § 3762(b)(3)(A) The costs to be refunded pursuant to paragraph (2) by the supervisor shall be determined in a hearing before the director after the exhaustion of appeals. The operator shall have the burden of proving the amount of costs to be refunded.
(B)CA Public Resources Code § 3762(b)(3)(A)(B) A determination by the director as to the amount of costs to be refunded pursuant to paragraph (2) may be appealed by the operator pursuant to subdivision (a) of Section 3354.
(4)CA Public Resources Code § 3762(b)(4) If the operator believes that it will be irretrievably injured by the performance of the work required to alleviate the emergency pending the outcome of the appeal, the operator may seek an order from the appropriate superior court restraining the enforcement of the order pending the outcome of the appeal.

Section § 3763

Explanation

If you want to appeal a decision about plugging and abandoning deserted wells, or stopping an injection project that's already started, you get a specific kind of hearing. This hearing follows certain procedures laid out in the Government Code. For other types of appeals, different hearing rules apply. If there's an urgent situation that needs immediate action, they will deal with it quickly under a separate process, but everything else will be handled at the scheduled hearing.

(a)CA Public Resources Code § 3763(a) A hearing shall be provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code only in an appeal from an order in the following circumstances:
(1)CA Public Resources Code § 3763(a)(1) Issued pursuant to a Section 3755 finding that the operator’s wells are deserted and should be plugged and abandoned.
(2)CA Public Resources Code § 3763(a)(2) Rescinding an injection project approval for a project that has already commenced.
(b)CA Public Resources Code § 3763(b) An order issued pursuant to Section 3743 shall satisfy the requirement of Section 11503 of the Government Code that an accusation be filed.
(c)CA Public Resources Code § 3763(c) For an appeal of an order that is not described in subdivision (a), a hearing shall be conducted by the director in accordance with Sections 3764 and 3765.
(d)CA Public Resources Code § 3763(d) For an appeal of an order that is described in subdivision (a) and is also an emergency order for remedial work, a hearing shall be conducted by the director in accordance with Sections 3764 and 3765 for the limited purpose of considering the emergency order for remedial work. All other penalties and requirements imposed by the order shall be considered at a hearing provided in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 3764

Explanation

This law outlines the procedures for hearings conducted by the director when an order is either appealed or issued as an emergency to an operator in charge, such as an oil or gas production operator.

For non-emergency orders, the director must notify the operator of the hearing date and place within 30 days, and the hearing takes place within 30 days of that notice, with a possible 60-day extension for good cause. For emergency orders, the timeframe is shorter: the notice must be given within 10 days, and the hearing occurs within 20 days, with a possible 30-day extension.

Hearings typically occur within the district where most relevant wells are located unless otherwise requested. Operators have the right to submit a written answer and present evidence. They may request a witness's testimony but must show the testimony's importance if the witness isn't otherwise compelled to testify. Lastly, hearings can be converted to formal ones if there are complex issues, or if both the operator and supervisor agree.

(a)CA Public Resources Code § 3764(a) A hearing conducted by the director shall adhere to the following:
(1)CA Public Resources Code § 3764(a)(1) When an order is not issued as an emergency order, within 30 days from the date of the service of the notice of appeal, the director shall provide to the operator notice of the time and place of the hearing. The hearing shall take place within 30 days after the date of the director’s notice. The notice shall inform the operator that the director may extend the date of the hearing for up to 60 days for good cause upon application of the operator or the supervisor.
(2)CA Public Resources Code § 3764(a)(2) When an order has been issued as an emergency order, within 10 days from the date of the service of the notice of appeal, the director shall provide to the operator notice of the time and place of the hearing. The hearing shall take place within 20 days after the date of the director’s notice. The notice shall inform the operator that the director may extend the date of the hearing for up to 30 days for good cause upon application of the operator or the supervisor.
(b)CA Public Resources Code § 3764(b) The director shall conduct the hearing within the district where the majority of the wells that are the subject of the order are located, or the hearing may be conducted at a location outside of that district upon application of the operator. The hearing shall be reported by a stenographic reporter and may, in addition, be electronically recorded by either party.
(c)CA Public Resources Code § 3764(c) The notice of hearing shall inform the operator of its right to file a written answer to the charges no later than 10 days before the date of the hearing. The notice also shall inform the operator that it has the right to present oral and documentary evidence at the hearing.
(d)CA Public Resources Code § 3764(d) Upon a verified and timely petition of the operator, the director may order the testimony of a witness at the hearing. The petition shall be served upon the director and the other party within five days after the filing of an appeal and shall set forth the name and address of the witness whose testimony is requested, to the extent known; a showing of the materiality of the testimony; and a showing that the witness cannot be compelled to testify absent an order of the director. The supervisor may file an opposition to the petition within five days after the petition is served. The director shall either deny or grant the petition within 10 days after receipt of the petition and receiving any opposition to the petition. Upon granting a petition, the director shall issue a subpoena pursuant to Section 3357 compelling the testimony of the witness at the hearing.
(e)CA Public Resources Code § 3764(e) The director may convert a hearing pursuant to this section to a formal hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code in any of the following circumstances:
(1)CA Public Resources Code § 3764(e)(1) The operator makes a showing satisfactory to the director that the order being appealed is likely to result in termination of an established oil or gas producing or injection operation.
(2)CA Public Resources Code § 3764(e)(2) It appears to the director that the hearing will involve complex evidentiary or procedural issues that will cause more than minimal delay or burdens.
(3)CA Public Resources Code § 3764(e)(3) The operator and the supervisor agree and stipulate to convert the hearing to a formal hearing.
(f)CA Public Resources Code § 3764(f) The conversion of a hearing pursuant to this section to a formal hearing shall be conducted in accordance with Article 15 (commencing with Section 11470.10) of Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code.

Section § 3765

Explanation

This law outlines the process following an appeal where the director reviewed an order. After the hearing, the director has 30 days to deliver a written decision. This decision might affirm, change, or overturn the initial order, and it is based on the overall weight of the evidence presented.

If both parties agree, this 30-day timeline can be extended. Once the decision is filed and given to the operator, it becomes final and replaces the supervisor's original order. If the decision requires further actions by the operator, the director will continue to oversee the process until the required work is completed.

(a)CA Public Resources Code § 3765(a) Within 30 days after the close of a hearing conducted by the director, the director shall issue a written decision affirming, setting aside, or modifying the order from which the appeal was taken. The director’s written decision shall be based upon the preponderance of the evidence and shall set forth the director’s factual findings, legal conclusions, and rationale for the result. The director may extend the 30-day period for issuing the written decision if the extension is agreed to by the operator.
(b)CA Public Resources Code § 3765(b) The director shall file the written decision with the supervisor and serve it on the operator as soon as the decision is complete, at which time the decision shall be deemed final. The director’s decision shall supersede the order of the supervisor from which the appeal was made. If the director affirms or modifies the order, the director shall retain jurisdiction until the operator completes the work required to be performed by the order.

Section § 3766

Explanation

If an operator disagrees with a decision made by the director after a hearing, they can challenge it in court. They must file a petition in the county where the order was issued within 30 days of receiving the decision.

The process depends on the type of hearing. If it's under the rules of Chapter 5, they follow a specific procedure outlined in the Government Code to seek judicial review.

(a)CA Public Resources Code § 3766(a) Following a hearing conducted by the director pursuant to Sections 3764 and 3765 or subdivision (b) of Section 3762, the operator may obtain judicial review of the decision of the director by filing a petition for writ of administrative mandamus in the superior court of the county where the division’s district office from which the order was issued is located. The operator shall file the petition within 30 days after the date the operator was served with the decision.
(b)CA Public Resources Code § 3766(b) Following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the operator may obtain judicial review of the decision pursuant to Section 11523 of the Government Code.

Section § 3767

Explanation

If an operator wants a court to review a decision made by the director after a hearing, the court will review what happened during the original hearing. They won't consider new information. The court will check if the director acted within their power, if the hearing was fair, and if there were any major mistakes made. A mistake is considered significant if the process wasn't followed correctly, if the decision doesn't match what's been found, or if the evidence doesn't strongly support the findings.

When an operator seeks judicial review of a decision of the director, including a decision following a hearing conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, the court shall hear the cause on the record before the director or an administrative law judge. New or additional evidence shall not be introduced in court. The court’s inquiry shall extend to whether the director acted without or in excess of jurisdiction, whether there was a fair hearing, and whether there is any prejudicial abuse of discretion. Abuse of discretion is established if the administrative proceeding has not been conducted in the manner required by law, the decision is not supported by the findings, or the findings are not supported by substantial evidence in light of the whole record.

Section § 3768

Explanation

This law states that if an operator doesn't appeal a decision or seek a review in time, or if the court upholds a decision against them, then any charges like penalties and interest that the decision allows the supervisor to impose become a state tax lien. This lien applies to all the operator's real and personal property.

If the operator does not appeal an order, if the operator does not timely seek judicial review of a decision affirming or modifying an order within the time provided in Section 3766, or if the operator has timely sought and obtained judicial review and the court has affirmed the decision, then any charge, including penalty and interest, that the decision permits the supervisor to impose on the operator for work performed by the supervisor or the supervisor’s agents shall constitute a state tax lien against the real and personal property of the operator pursuant to Section 3772.

Section § 3769

Explanation

This law allows a supervisor to enforce regulations related to wells by conducting investigations. If there is a suspicion that wells are improperly managed, the supervisor can administer oaths and request subpoenas from a judge to get witnesses, documents, and other evidence. Subpoenas can require witnesses to attend investigations if they are within 100 miles or in the same county.

The law also permits taking depositions from witnesses anywhere, following similar procedures used in civil court cases in California. This ensures the supervisor can gather necessary information and documentation to address any issues with well operations.

In any proceeding instituted by the supervisor for the purpose of enforcing or carrying out the provisions of this chapter, or for the purpose of holding an investigation to ascertain the condition of any well or wells complained of, or which in the opinion of the supervisor may reasonably be presumed to be improperly located, drilled, operated, maintained, or conducted, the supervisor shall have the power to administer oaths and may apply to a judge of the superior court of the county in which the proceeding or investigation is pending, for a subpoena for witnesses to attend the proceeding or investigation. Upon the application of the supervisor, the judge of the superior court shall issue a subpoena directing the witness to attend the proceeding or investigation, and such person shall be required to produce, when directed, all records, surveys, documents, books, or accounts in the witness’ custody or under the witness’ control; except that no person shall be required to attend upon such proceeding, unless the person resides within the same county or within 100 miles of the place of attendance.
The supervisor may in such case cause the depositions of witnesses residing within or without the state to be taken in the manner prescribed by law for like depositions in civil actions in superior courts of this state under Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure, and may, upon application to a judge of the superior court of the county within which the proceeding or investigation is pending, obtain a subpoena compelling the attendance of witnesses and the production of records, surveys, documents, books, or accounts at such places as the judge may designate within the limits prescribed in this section.

Section § 3770

Explanation

Witnesses in proceedings related to oil, gas, and geothermal issues are allowed to receive fees and mileage payments. These payments are determined by standard rates used in civil cases and are paid from a special fund called the Oil, Gas, and Geothermal Administrative Fund.

Witnesses shall be entitled to receive the fees and mileage fixed by law in civil causes, payable from the Oil, Gas, and Geothermal Administrative Fund.

Section § 3771

Explanation

If someone doesn't comply with orders or subpoenas from a supervisor or director, or refuses to testify, show up for a hearing, or present required documents after proper notice, it's considered a misdemeanor. Each day they don't comply counts as a new offense.

The district attorney in the area where the proceeding is held must continue to prosecute the person until they comply, whether by appearing, testifying, or providing the requested documents.

In case of the failure or neglect on the part of any person to comply with any order of the supervisor or the director, or any subpoena, or upon the refusal of any witness to testify to any matter regarding which the person may lawfully be interrogated, or upon refusal or neglect to appear and attend at any proceeding or hearing on the day specified, after having received a written notice of not less than 10 days prior to the proceeding or hearing, or upon the person’s failure, refusal or neglect to produce books, papers, or documents as demanded in the order or subpoena upon that day, that failure, refusal or neglect constitutes a misdemeanor. Each day’s further failure, refusal, or neglect is a separate and distinct offense.
The district attorney of the county in which the proceeding, hearing, or investigation is to be held, shall prosecute any person guilty of violating this section by continuous prosecution until the person appears or attends or produces the books, papers, or documents, or complies with the subpoena or order of the supervisor or the director.

Section § 3772

Explanation

This law explains that if someone doesn't pay a specified charge or penalty on time, the unpaid amount automatically turns into a state tax lien, which is a legal claim against the person's property. This lien is enforceable under specific government guidelines. The term "due and payable" means either the filing date of the return or when an official determination becomes final, whichever applies.

(a)CA Public Resources Code § 3772(a) If any person fails to pay any charge or penalty imposed under this chapter at the time that it becomes due and payable, the amount thereof, including penalties and interest, together with any costs in addition thereto, shall thereupon be a perfected and enforceable state tax lien. Such a lien is subject to Chapter 14 (commencing with Section 7150) of Division 7 of Title 1 of the Government Code.
(b)CA Public Resources Code § 3772(b) For the purpose of this section only, “due and payable” means the date a return is required to be filed, without regard to any extension of time, without payment of the amount due or the date a determination or assessment made under this chapter becomes final, whichever is applicable.

Section § 3772.2

Explanation

This law section states that the Controller or their representative can issue a warrant to collect owed charges, interest, and penalties. This warrant can be enforced like a court order called a writ of execution, meaning it allows the sheriff to seize and sell property to cover the debts.

A warrant may be issued by the Controller or his or her duly authorized representative for the collection of any charges, interests and penalty and for the enforcement of any such lien directed to the sheriff and shall have the same effect as a writ of execution. It may and shall be levied and sale made pursuant to it in the same manner and with the same effect as a levy of and a sale pursuant to a writ of execution.

Section § 3772.4

Explanation

When a sheriff completes services under a warrant, they receive the same fees and expenses as for similar execution tasks. These payments, however, need the Controller's approval, especially for newspaper publications. The individual responsible for these costs must pay, and these can be collected through the warrant or other methods.

The sheriff shall receive, upon the completion of his or her services pursuant to a warrant, and the Controller is authorized to pay to him or her the same fees and commissions and expenses in connection with services pursuant to the warrant as are provided by law for similar services pursuant to a writ of execution; provided, that fees for publication in a newspaper shall be subject to approval by the Controller rather than by the court; the fees, commissions and expenses shall be an obligation of the person or persons liable for the payment of those charges and may be collected from such person or persons by virtue of the warrant or in any other manner provided in this chapter for the collection of those charges.

Section § 3772.6

Explanation

If there's a lien on real estate due to unpaid charges, penalties, or interest connected to extracting geothermal energy, and it includes multiple parcels, the Controller can release a specific parcel from the lien. This can happen if the parcel owner pays their fair share of what's owed.

In the event that the lien of the charges, penalties or interest attaches to real property from which geothermal energy is extracted and more than one parcel of property is included within the lien, the Controller may release by certificate pursuant to Section 7174 of the Government Code from the lien of such charges, interest, and penalties and costs, upon payment by the owner of any parcel or parcels of property of his proportionate share of the charges.

Section § 3773

Explanation

This law requires the Controller to take legal action to collect any unpaid charges, along with any penalties or costs, within 90 days after they become overdue. This action must be filed in the county where the property connected to these charges is located.

The Controller shall, on or before the 90th day following the delinquency of any charge, bring an action in the name of the people of the state, in the county in which the property involved in the order is situated, to collect any delinquent charges, together with any penalties or costs, which have not been paid.

Section § 3774

Explanation

This law states that the Attorney General must start and continue any legal action until it reaches a final decision by the court.

The Attorney General shall commence and prosecute any such action to final judgment.

Section § 3775

Explanation

This law explains that if someone owes charges to the State of California, a certified record from the Controller showing the unpaid charges acts as initial evidence. It shows that the person owes money, the charges are unpaid, and all legal procedures concerning these charges have been followed.

Also, the usual rules found in the Code of Civil Procedure about how to handle court cases, such as serving court papers and handling trials, apply to these situations.

In such actions the record of charges, or a copy of so much thereof as is applicable, duly certified by the Controller, showing unpaid charges against any person, is prima facie evidence of the charges, the delinquency, the amount of charges, penalties, and costs due and unpaid, that the person is indebted to the people of the State of California in the amount of charges and penalties therein appearing unpaid, and that all forms of law in relation to the charges have been complied with.
The provisions of the Code of Civil Procedure relating to service of summons, pleadings, proofs, trials, and appeals are applicable to the proceedings.

Section § 3776

Explanation

If there's a fine or court judgment related to this law, the money must be paid to California's State Treasurer. That money will then be placed back into a special fund that helps manage oil, gas, and geothermal resources.

Payment of the penalties and charges, or the amount of the judgment recovered in the action, shall be made to the State Treasurer, and shall be returned and credited to the Oil, Gas, and Geothermal Administrative Fund.