HAR §13-183-53. General conditions

(a) Use of state lands under the jurisdiction and control of the board are subject to the supervision of the board. Use of state lands under the control of the other state agencies are subject to the supervision of the appropriate state agency consistent with these rules. (b) The board reserves the right to lease, sell or otherwise dispose of the surface of state lands embraced within a mining lease, insofar as the surface is not necessary for use by the lessee in the exploration, development and production of the geothermal resources and associated by-products, but any lease, sale, or other disposal of surface rights if made, shall be subject to the rights of the mining lessee. (c) The chairperson shall be permitted at all reasonable times to go in and upon the leased lands and premises, during the term of a mining lease, to inspect the operations and the 28 products obtained from the leased lands and to post any notice that the board may deem fit and proper. (d) During operations, the lessee shall regulate public access and vehicular traffic to cause the least practicable interference with the use of the surface of the land and to protect human life, wildlife, livestock and property from hazards associated with the operations. For this purpose, the lessee shall provide warnings, fencing, flagmen, barricades, well and hole coverings and other safety measures as appropriate. Restrictions on access must be approved by the chairperson as part of the plan of operations and amendments thereto required under §13-183-55. (e) Lessee shall take all necessary steps in the exploration, development, production and marketing of geothermal resources to avoid a threat to life or property or posing an unreasonable risk to subsurface, surface or atmospheric resources. [Eff. JUN 22 1981] (Auth: HRS §182-14) (Imp: HRS §182-14) Subchapter 7. Leases; Mining Operations