(a) The geothermal fluids produced are of less than 250 degrees Fahrenheit bottom hole temperature; or
(b) Such fluids have been appropriated pursuant to ORS 537.505 to 537.795 and 537.992.
(2) The provisions of this chapter relating to regulation of production of geothermal resources from a geothermal reservoir apply only to wells with a bottom hole temperature of at least 250 degrees Fahrenheit.
(3) If the bottom hole temperature of a well that was initially at least 250 degrees Fahrenheit falls below 250 degrees Fahrenheit, the State Geologist and the Water Resources Director, after consulting with the well owner, shall determine the agency with regulatory responsibility for that specific well. This determination shall be documented in writing and shall supersede a determination made under subsection (1) or (2) of this section. This chapter does not limit the authority of the Water Resources Department to regulate the appropriation of water pursuant to ORS 537.505 to 537.795 and 537.992. [1975 c.552 §4; 1981 c.589 §1; 2009 c.794 §4]