Chaffee County commissioners passed a resolution approving the county’s new geothermal 1041 regulations and lifting the moratorium on geothermal development in the county during their meeting Tuesday.

The county commissioners heard and incorporated comments from Chaffee County attorney Jenny Davis on the proposed geothermal 1041 regulations.

Her recommendations changed some of the recommendations made to county commissioners by the Chaffee County Planning Commission.

In July the planning commissioners asked the county commissioners to postpone any decision on their draft 1041 regulations for “Use of Geothermal Resources for the Commercial Production of Electricity.”

At the county commissioners’ Sept. 3 hearing on the proposed 1041 regulations, commissioners instructed staff members to incorporate most of the Chaffee County Planning Commission recommendations.

The Planning Commission had recommended that the 1041 regulations not govern surface uses related to geothermal development, leaving surface uses to be addressed through a county land-use change permit.

Davis recommend the 1041 regulations include surface uses and not require the applicants to go through both the 1041 and the land-use change processes.

Having an applicant go through both “would be a redundant process,” Davis said. Having the 1041 process address the above-ground uses would allow for more flexibility in a process tailored for geothermal projects.

Davis also recommended the commissioners keep existing language regarding use of geothermal resources in the environmental impact analysis section of the application process and not limit those uses to “legal uses.”

With a domestic well, the owner has no legal right to the water’s heat, only the water itself, Fred Henderson, chief scientific officer for Mt. Princeton Geothermal, said previously.

People using heat from geothermal water without a legal right to the heat can change their well permits to define and allow use of the heat, he said.

Some businesses, such as bed and breakfasts or vacation rentals, may have used the heat from their wells for years, not realizing they need to change their permit to authorize that use, Don Reimer, Chaffee County development director, said previously.

Leaving the language open to all uses allows the commissioners to hear comment from all users, Davis said.

Henderson spoke in favor of keeping the change that requires a notification for exploratory drilling to a depth of less 2,500 feet, and the commissioners concurred.

Jeanne Younghaus with Chaffee County League of Women Voters, said the league has concerns about companies drilling and leaving without cleaning up their exploration.

More information about the county’s geothermal 1041 process is at chaffeecounty.org/Geothermal-1041.

In other business, Chaffee County commissioners instructed staff to draft a resolution that would amend Nestlé Waters North America Inc.’s 1041 and special land use permits to allow them to switch their augmentation agreement from the city of Aurora to the Upper Arkansas Water Conservancy District.

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