A basis is provided for changing the design of some legislative definitions of geothermal energy to allow the emergence and implementation of a hot dry rock geothermal energy-producing technology. A study of existing federal and state geothermal statutes has been conducted to determine the extent to which legislation acts to constrain the commercialization of this particular technology. A definitional problem has been identified and a solution presented. This report clarifies the distinctions between the several geothermal resources, describes the recognized resource ownership problem and present state of the law, and presents a solution for consideration including a discussion that establishes the reasons for change.