United States v. Union Oil Company of California

Caution
549 F.2d 1271
United States Court of Appeals for the Ninth CircuitMarch 23, 197774-1574California6,216 words

Opinion

Opinion

Browning, J.

This is a quiet title action brought by the Attorney General of the United States pursuant to section 21(b) of the Geothermal Steam Act of 1970, 30 U.S.C. § 1020 (b), to determine whether the mineral reservation in patents issued under the Stock-Raising Homestead Act of 1916, 43 U.S.C. § 291 et seq., reserved to the United States geothermal resources underlying the patented lands. The district court held that it did not. 369 F.Supp. 1289 (N.D.Cal.1973). We reverse.

Various elements cooperate to produce geothermal power accessible for use on the surface of the earth. Magma or molten rock from the core of the earth intrudes into the earth’s crust. The magma heats porous rock containing water. The water in turn is heated to temperatures as high as 500 degrees Fahrenheit. As the heated water rises to the surface through a natural vent, or well, it flashes into steam.

Geothermal steam is used to produce electricity by turning generators. In recom mending passage of the Geothermal Steam Act. of 1970, the Interior and Insular Affairs Committee of the House reported: “[Gjeothermal power stands out as a potentially invaluable untapped natural resource. It becomes particularly attractive…

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