Colorado oil, gas regulators move forward with first set of geothermal rules

A July 2024 study conducted by the Colorado Geological Survey and the Energy and Carbon Management Commission identified areas of high potential for electricity-producing geothermal energy operations in Colorado. (ECMC)

The state commission that regulates Colorado’s oil and gas industry this week adopted its first set of rules governing geothermal drilling, taking another step toward fulfilling the broader mandate it was given as part of a legislative makeover of the agency last year. But regulators and experts say not to expect a “boom” in the new technology just yet.

The Energy and Carbon Management Commission was formerly known as the Colorado Oil and Gas Conservation Commission until lawmakers rebranded it in 2023. The name change that came with new authority to regulate emerging industries like carbon capture and so-called deep geothermal energy.

ECMC adopted its Deep Geothermal Operations rules on a unanimous 5-0 vote Monday. The 59-page addition to the agency’s rulebook outlines permitting and enforcement procedures broadly similar to those already in place for oil and gas operations, giving the commission the power to approve or deny permits to protect health and safety and ensuring that local governments have a say in the process.

While existing technologies like heat pumps involve drilling geothermal wells hundreds of feet into the ground to heat and cool homes and even entire neighborhoods, the deep geothermal industry aims to help power the electric grid by drilling thousands of feet down into much hotter pockets of the Earth’s crust. To date, the application of deep geothermal technology has been limited by a variety of factors, but some experts point to its potential to serve as a “baseload” source of clean energy to help offset the intermittency of renewables like wind and solar.

Gov. Jared Polis, who has touted geothermal energy’s potential in his “Heat Beneath Our Feet” initiative and recently at an event in Vail, said in a statement Monday that with the ECMC’s new rules, the state is “poised to leverage this clean, renewable energy resource.”

“Colorado has incredible low-cost renewable energy resources like geothermal that can help reduce emissions and save Coloradans money,” Polis said. “Geothermal energy can play an integral role in powering the way Coloradans live, work and play, and will help future generations.”

The feasibility of tapping into deep geothermal resources can vary widely according to local geology. A study released last month by the ECMC, the Colorado Geological Survey and Atlanta-based energy firm Teverra analyzed “geothermal utilization opportunities” and found that the Piceance Basin north of Grand Junction, the Raton Basin near Trinidad and a “localized hot spot” along the Colorado-Kansas border rank as the state’s most promising locations.

Colorado Communities for Climate Action, a coalition of 43 local governments supportive of clean energy policies, said the rules adopted by the ECMC struck an “impressive balance.”

“Local governments are optimistic about the role of deep geothermal electricity in efficiently decarbonizing Colorado’s power grid,” Emma Pinter, an Adams County commissioner and vice president of Colorado Communities for Climate Action, said in a statement. “But we have to make sure this new technology benefits all Coloradans and their environment while avoiding the damage we have seen from oil and gas development and other extractive industries.”

“Despite its promise as a clean energy source, (deep geothermal operations) will have some adverse impacts, although we don’t yet know the scope of them, and it’s important to recognize that,” Kate Burke, an assistant county attorney for Boulder County, told commissioners in a rulemaking hearing last week. “The net impacts … should be less than oil and gas, and in some instances, the scale may be smaller, but that doesn’t mean there won’t be impacts to the people, plants and animals living near the facilities.”

Geothermal Rising, a trade group representing geothermal energy companies, was “very satisfied with where the draft rules have landed,” an attorney for the group, Matt Lepore, told commissioners Monday. Lepore is a former chair of the agency who departed in 2018 and has gone on to represent the oil and gas industry in commission proceedings.

Environmental groups have urged the ECMC to follow up with a second geothermal rulemaking process to flesh out its regulations before operations ramp up. Commissioner Brett Ackerman, a former Colorado Parks and Wildlife official, said prior to Monday’s vote that it was important not to “hamper industry” at an early stage, but the agency should “appropriately address future concerns and opportunities as they arise.”

“I agree that it’s highly unlikely that there’s any pending boom of deep geothermal development,” Ackerman said. “We’re rather more at a pilot stage.”

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