{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/45.2-2004.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/45.2-2004.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/45.2-2004.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/45.2-2004.html"}],"law_id":76963,"edition_id":1,"section_id":76963,"structure_id":12716,"section_number":"45.2-2004","catch_line":" Powers and duties of the Department","history":"1981, c. 506, \u00a7 45.1-179.7; 2021, Sp. Sess. I, c. 387.","full_text":"A\n\nThe Department has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and has the power and authority to make and enforce regulations and orders and do whatever is reasonably necessary to carry out the provisions of this chapter. Any regulations adopted by the Department pursuant to the provisions of this chapter shall be adopted in compliance with the Administrative Process Act (§ 2.2-4000 et seq.).B\n\nThe Department shall:1\n\nConsult with the Board in carrying out its powers and duties pursuant to the provisions of this chapter;2\n\nDevelop a comprehensive geothermal permitting system for the Commonwealth that provides for the exploration and development of geothermal resources;3\n\nAdopt regulations necessary to provide for geothermal drilling and the exploration for and development of geothermal resources in the Commonwealth. Such regulations shall be based on a system of correlative rights;4\n\nEstablish minimum temperature levels and volumetric rates in order to determine Department jurisdiction over geothermal resource development. In establishing such temperature levels, the Department shall set (i) minimum temperature levels for permitting, well regulations, reservoir management, and allocation of geothermal resources and (ii) minimum volumetric rates for geothermal leasing, royalties, and severance taxes, as necessary. The Department shall review established temperature level and volumetric rate requirements biennially and revise the figures as necessary. Revision of temperature levels or volumetric rate requirements shall not occur more often than every two years, and such revision shall not operate retroactively; and5\n\nConsult with the State Department of Health as necessary to protect potable waters of the Commonwealth and to carry out the powers and duties of the Department pursuant to the provisions of this chapter.","order_by":null,"text":{"0":{"id":276227,"text":"The Department has jurisdiction and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and has the power and authority to make and enforce regulations and orders and do whatever is reasonably necessary to carry out the provisions of this chapter. Any regulations adopted by the Department pursuant to the provisions of this chapter shall be adopted in compliance with the Administrative Process Act (§ 2.2-4000 et seq.).","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":276228,"text":"The Department shall:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":276229,"text":"Consult with the Board in carrying out its powers and duties pursuant to the provisions of this chapter;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":276230,"text":"Develop a comprehensive geothermal permitting system for the Commonwealth that provides for the exploration and development of geothermal resources;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":276231,"text":"Adopt regulations necessary to provide for geothermal drilling and the exploration for and development of geothermal resources in the Commonwealth. Such regulations shall be based on a system of correlative rights;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":276232,"text":"Establish minimum temperature levels and volumetric rates in order to determine Department jurisdiction over geothermal resource development. In establishing such temperature levels, the Department shall set (i) minimum temperature levels for permitting, well regulations, reservoir management, and allocation of geothermal resources and (ii) minimum volumetric rates for geothermal leasing, royalties, and severance taxes, as necessary. The Department shall review established temperature level and volumetric rate requirements biennially and revise the figures as necessary. Revision of temperature levels or volumetric rate requirements shall not occur more often than every two years, and such revision shall not operate retroactively; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":276233,"text":"Consult with the State Department of Health as necessary to protect potable waters of the Commonwealth and to carry out the powers and duties of the Department pursuant to the provisions of this chapter.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4"}},"ancestry":[{"id":12716,"edition_id":1,"name":"Resource Regulation","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":12715,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":225179,"object_type":"structure","relational_id":12716,"identifier":"2","token":"45.2\/V\/20\/2","url":"\/45.2\/V\/20\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12715,"edition_id":1,"name":"Geothermal Energy","identifier":"20","label":"chapter","depth":3,"order_by":1,"parent_id":12714,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":225159,"object_type":"structure","relational_id":12715,"identifier":"20","token":"45.2\/V\/20","url":"\/45.2\/V\/20\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12714,"edition_id":1,"name":"Other Sources of Energy; Energy Policy","identifier":"V","label":"subtitle","depth":2,"order_by":1,"parent_id":12713,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":224887,"object_type":"structure","relational_id":12714,"identifier":"V","token":"45.2\/V","url":"\/45.2\/V\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12713,"edition_id":1,"name":"Mines, Minerals, and Energy","identifier":"45.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":222539,"object_type":"structure","relational_id":12713,"identifier":"45.2","token":"45.2","url":"\/45.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":76963,"structure_id":12716,"section_number":"45.2-2004","catch_line":" Powers and duties of the Department","url":"\/45.2-2004\/","token":"45.2\/V\/20\/2\/45.2-2004","metadata":false},{"id":69140,"structure_id":12716,"section_number":"45.2-2005","catch_line":" Reinjection policy","url":"\/45.2-2005\/","token":"45.2\/V\/20\/2\/45.2-2005","metadata":false},{"id":57314,"structure_id":12716,"section_number":"45.2-2006","catch_line":" Cancellation or suspension of permit","url":"\/45.2-2006\/","token":"45.2\/V\/20\/2\/45.2-2006","metadata":false},{"id":58321,"structure_id":12716,"section_number":"45.2-2007","catch_line":" Penalties; injunctions","url":"\/45.2-2007\/","token":"45.2\/V\/20\/2\/45.2-2007","metadata":false},{"id":53939,"structure_id":12716,"section_number":"45.2-2008","catch_line":" Judicial review","url":"\/45.2-2008\/","token":"45.2\/V\/20\/2\/45.2-2008","metadata":false}],"next_section":{"id":69140,"structure_id":12716,"section_number":"45.2-2005","catch_line":" Reinjection policy","url":"\/45.2-2005\/","token":"45.2\/V\/20\/2\/45.2-2005","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/45.2-2004\/","history_text":"

This law was first created in 1981. The record of its establishment is cataloged in chapter 506 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1981 \u201cActs\u201d aren\u2019t available online.<\/p>","references":[{"id":76575,"section_number":"45.2-2001","catch_line":" Application","order_by":null,"url":"\/45.2-2001\/"}],"refers_to":[{"id":86911,"section_number":"2.2-4000","catch_line":"Short title; purpose","order_by":null,"url":"\/2.2-4000\/"}],"permalink":{"id":225181,"object_type":"law","relational_id":76963,"identifier":"45.2-2004","token":"45.2\/V\/20\/2\/45.2-2004","url":"\/45.2-2004\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/45.2-2004\/","token":"45.2\/V\/20\/2\/45.2-2004","dublin_core":{"Title":" Powers and duties of the Department","Type":"Text","Format":"text\/html","Identifier":"\u00a7 45.2-2004","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Department<\/span> has jurisdiction<\/span> and authority over all persons and property, public and private, necessary to enforce the provisions of this chapter and has the power and authority to make and enforce regulations and orders<\/span> and do whatever is reasonably necessary to carry out the provisions of this chapter. Any regulations adopted by the Department<\/span> pursuant to the provisions of this chapter shall be adopted in compliance with the Administrative Process Act (§ 2.2-4000<\/a> et seq.). <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Consult with the Board<\/span> in carrying out its powers and duties pursuant to the provisions of this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Develop a comprehensive geothermal permitting system for the Commonwealth that provides for the exploration and development of geothermal resources<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Adopt regulations necessary to provide for geothermal drilling and the exploration for and development of geothermal resources<\/span> in the Commonwealth. Such regulations shall be based on a system of correlative rights<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Establish minimum temperature levels and volumetric rates in order<\/span> to determine Department<\/span> jurisdiction<\/span> over geothermal resource<\/span> development. In establishing such temperature levels, the Department<\/span> shall set (i) minimum temperature levels for permitting, well regulations, reservoir management, and allocation of geothermal resources<\/span> and (ii) minimum volumetric rates for geothermal leasing, royalties, and severance taxes, as necessary. The Department<\/span> shall review established temperature level and volumetric rate requirements biennially and revise the figures as necessary. Revision of temperature levels or volumetric rate requirements shall not occur more often than every two years, and such revision shall not operate retroactively; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Consult with the State Department<\/span> of Health as necessary to protect potable waters of the Commonwealth and to carry out the powers and duties of the Department<\/span> pursuant to the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n POWERS AND DUTIES OF THE DEPARTMENT (\u00a7 45.2-2004)\n\nA. The Department has jurisdiction and authority over all persons and property,\npublic and private, necessary to enforce the provisions of this chapter and has\nthe power and authority to make and enforce regulations and orders and do\nwhatever is reasonably necessary to carry out the provisions of this chapter.\nAny regulations adopted by the Department pursuant to the provisions of this\nchapter shall be adopted in compliance with the Administrative Process Act\n(§ 2.2-4000 et seq.).\n\nB. The Department shall:\n\n 1. Consult with the Board in carrying out its powers and duties pursuant to\n the provisions of this chapter;\n\n 2. Develop a comprehensive geothermal permitting system for the Commonwealth\n that provides for the exploration and development of geothermal resources;\n\n 3. Adopt regulations necessary to provide for geothermal drilling and the\n exploration for and development of geothermal resources in the Commonwealth.\n Such regulations shall be based on a system of correlative rights;\n\n 4. Establish minimum temperature levels and volumetric rates in order to\n determine Department jurisdiction over geothermal resource development. In\n establishing such temperature levels, the Department shall set (i) minimum\n temperature levels for permitting, well regulations, reservoir management, and\n allocation of geothermal resources and (ii) minimum volumetric rates for\n geothermal leasing, royalties, and severance taxes, as necessary. The\n Department shall review established temperature level and volumetric rate\n requirements biennially and revise the figures as necessary. Revision of\n temperature levels or volumetric rate requirements shall not occur more often\n than every two years, and such revision shall not operate retroactively; and\n\n 5. Consult with the State Department of Health as necessary to protect potable\n waters of the Commonwealth and to carry out the powers and duties of the\n Department pursuant to the provisions of this chapter.\n\nHISTORY: 1981, c. 506, \u00a7 45.1-179.7; 2021, Sp. Sess. I, c. 387.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}