HARRY HUGHES, Governor

3311

WHEREAS, While geothermal energy development is in its
infancy in Maryland, it has the potential of supplying a
substantive amount of the State's future energy needs; and

WHEREAS, The commercial potential of geothermal energy
is passing through the stage of economic speculation and
nearing the stage of economic probability; and

WHEREAS, It is essential that the commercial as well as
public viability of geothermal energy be assured through the
encouragement of research and development; and

WHEREAS, A major component of encouraging research and
development will be the clarification of the issues of
access and allocation of geothermal resources; and

WHEREAS, State government clearly has a role in
developing geothermal resources and resolving the issues of
access and allocation; now, therefore, be it and

WHEREAS, It is necessary to assure the safe and
efficient undertaking of any operation to bore, core, dig,
or construct a well, including reinjection would maintain
the integrity of the supply; and now, therefore, be it

WHEREAS, It may be necessary to declare geothermal
resources to be the property of the State; now, therefore,
be it

RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That the
Department of Natural Resources review and study the issues
of access and allocation of geothermal resources,
specifically addressing the following options:

(1)  Adopting the rule of capture. Such a system could
include well-spacing and pooling, or could be
modified to set upper limits on production to
protect reservoirs and be more compatible with
development of geothermal resources;

(2)  Adopting the doctrine of correlative rights.
Correlative shares in a geothermal reservoir could
be assigned by a State agency or implemented
through cooperative development. Cooperative
development, or unitization, usually requires a
specified percentage of operators to agree to the
unit operation;

(3)  Utilizing the appropriation doctrine.
Appropriative water rights are likely to affect
standard water users with established priorities
and is usually the most relevant doctrine for
users of hot groundwater;

(4)  Utilizing the doctrine of reasonable use. This
doctrine, the prevailing doctrine for allocating
groundwater in Maryland, presents difficulties to