(1) Ownership of a geothermal resource derives from an interest in the surface of land. (2) A person that owns the surface of the land also owns title to the geothermal resources, notwithstanding the severance or conveyance of the mineral estate, unless the person that owns the surface of the land expressly conveys or reserves a geothermal resource by a recorded deed or other instrument conveying title. (3) (a) Subsections (1) and (2) do not apply to school and institutional trust lands as defined in Section 53C-1-103. (b) Section 53C-2-401 governs the reservation of a geothermal resource in school and institutional trust lands. (c) For school and institutional trust mineral estate owned as of May 6, 2026, the state owns title to the geothermal resource unless title to the geothermal resource has been expressly conveyed by deed to another party by the state in accordance with Section 53C-2-401. (4) Subject to Section 73-22-8, a person may not use a geothermal fluid without a water right. (5) This chapter shall apply to lands in the state, including federal and Indian lands to the extent allowed by law. When federal or Indian lands are committed to a unit agreement involving lands subject to federal or Indian jurisdiction, the division may, with respect to the unit agreement, consider this chapter complied with if the unit operations are regulated by the United States and the division finds that conservation of geothermal resources and prevention of waste are accomplished under the unit agreement.
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