C.R.S. § 37-90.5-112: Geothermal data collection - duties of commission - gifts, grants, or donations - report - repeal.

(1) (a) The commission and the Colorado geological survey, established in section 23-41-203, shall facilitate the collection of data regarding geothermal resources in the state. In consideration of available money, the commission and the Colorado geological survey may:

(I) Collect data to inform the assessment or development of geothermal resources in the state;

(II) Consider the use of oil and gas wells scheduled to be plugged and abandoned as orphaned wells, as defined in section 34-60-133 (8)(f); marginal wells, as defined in section 34-60-133 (8)(d.5); or, with the consent of the operator, other oil and gas wells identified by an oil and gas operator;

(III) Consider the use of monitoring and observation wells, as defined in section 37-91-102 (10.5); test holes, as defined in section 37-91-102 (15.7), authorized by the state board of examiners of water well and ground heat exchanger contractors, created in section 37-91-103; or other wells, as defined in section 37-91-102 (16), identified by the state engineer, appointed pursuant to section 37-80-101;

(IV) Assess bottom-hole temperatures and thermal gradients from wells, as described in subsections (1)(a)(II) and (1)(a)(III) of this section;

(V) Utilize existing infrastructure or drill new wells for data collection if funding is available;

(VI) Prioritize the collection of bottom-hole temperatures, the measurement and evaluation of thermal gradients, and the collection of other relevant data that would support increased understanding of available geothermal resources or that could facilitate or inform:

(A) The production of geothermal energy;

(B) Drilling of reservoir depth resource exploration, characterization, or confirmation wells to gather additional data and information;

(C) Field tests or other tests at sites with potential for hydrothermal, next-generation development, or electric power generation; or

(D) The deployment of low-temperature geothermal technologies for heating, cooling, or other direct uses; and

(VII) Consider any additional relevant data or information, including:

(A) Data related to resources in hot dry rock;

(B) Temperature at depth;

(C) Information related to subsurface permeability and fracture networks;

(D) Data related to local stress regimes; and

(E) Thermal conductivity, thermal diffusivity, and undisturbed ground temperature.

(b) The data collection conducted pursuant to this subsection (1) must be:

(I) Conducted subject to private property rights;

(II) Conducted without compelling the public release of proprietary data without the consent of the data owner;

(III) Conducted without increasing the risk of adverse impacts to public health, safety, and welfare, including the environment and wildlife resources;

(IV) Conducted voluntarily when data is provided by an entity other than the commission or the Colorado geological survey; and

(V) Organized in a searchable format that is made available at no cost to the public.

(c) (I) The commission and the Colorado geological survey may contract with third-party entities to conduct the data collection pursuant to this subsection (1).

(II) The commission may seek, accept, and expend gifts, grants, or donations from private or public sources for the purposes of conducting the data collection pursuant to this subsection (1).

(III) The commission may expend any money appropriated by the general assembly for the purposes of conducting the data collection pursuant to this subsection (1).

(d) (I) The collection of data conducted pursuant to this subsection (1) is contingent on available appropriations or gifts, grants, or donations received for this purpose and does not impair the Colorado geological survey's obligation to fulfill existing statutory responsibilities. The Colorado geological survey shall not reduce existing commitments of money made by the Colorado geological survey from the severance tax operational fund, created in section 39-29-109 (2)(b)(I), or the general fund to conduct the data collection.

(II) The collection of data conducted pursuant to this subsection (1) is contingent on available appropriations or gifts, grants, or donations received for this purpose and does not impair the commission's obligation to fulfill existing statutory or regulatory responsibilities or existing permitting and regulatory programs. The commission shall not reduce existing commitments of money made by the commission from the severance tax operational fund, created in section 39-29-109 (2)(b)(I), or the general fund to conduct the data collection.

(2) (a) The commission shall develop recommendations to encourage the safe and effective development of geothermal resources in the state.

(b) (I) In developing the recommendations pursuant to this subsection (2), the commission may consider measures that facilitate the safe and effective development of geothermal resources, including the creation of a geothermal development authority.

(II) Any recommended geothermal development authority may be structured to facilitate public-private partnerships, secure federal funding, and provide financial risk-mitigation mechanisms for deep exploratory drilling and associated transmission infrastructure or for conducting thermal energy network studies or developing a thermal energy network. Any recommended geothermal development authority must be nonregulatory in nature.

(c) In developing the recommendations pursuant to this subsection (2), the commission shall consult with:

(I) State agencies with subject matter expertise relevant to the recommendations, including:

(A) The Colorado geological survey;

(B) The Colorado energy office created in section 24-38.5-101;

(C) The division of water resources in the department of natural resources; and

(D) The Colorado office of economic development created in section 24-48.5-101;

(II) Stakeholders with technical or economic expertise regarding the development of geothermal resources, as determined by the commission; and

(III) Any other person the commission determines necessary to develop recommendations for the safe and effective development of geothermal resources in the state.

(3) On or before November 15, 2026, the commission shall submit a report that summarizes the recommendations developed pursuant to subsection (2) of this section to the house of representatives energy and environment committee and the senate transportation and energy committee, or their successor committees.

(4) This subsection (4) and subsections (2) and (3) of this section are repealed, effective September 1, 2028.