Utah Code § 40-6-24 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-24
§ 40-6-24. Tax credit for mining exploration -- Division to issue certificates.
Status: in_force

(1) As used in this section: (a) "Activity" means: (i) surveying by a geophysical method or by a geochemical method; (ii) drilling one or more exploration holes; (iii) conducting underground exploration; (iv) surface trenching or bulk sampling; (v) taking aerial photographs; (vi) geological and geophysical logging; (vii) sample analysis; or (viii) metallurgical testing. (b) "Assigned tax credit certificate" means a tax credit certificate the division issues to a person to which a claimant assigns the claimant's tax credit. (c) (i) "Certified expenditure" means a cost incurred for an activity in direct support of an eligible exploration activity conducted at a specific site. (ii) "Certified expenditure" includes: (A) the cost of obtaining an approval, a permit, a license, or a certificate for an eligible exploration activity; (B) a direct labor cost and the cost of benefits for employees directly associated with work described in Subsection (1)(c)(i); (C) the cost of leasing equipment from a third party; (D) the cost of owning, maintaining, or operating equipment; (E) insurance and bond premiums associated with the activities described in Subsections (1)(c)(ii)(A) through (D); (F) the cost of a consultant or an independent contractor; and (G) any general expense related to operating the business engaged in the eligible exploration activity to the extent the expense is directly attributable to the work described in Subsection (1)(c)(i). (iii) "Certified expenditure" does not include: (A) return on investment; or (B) insurance or bond premiums not described in Subsection (1)(c)(ii)(E). (d) (i) "Claimant" means a person that: (A) is engaged in the business of mining or extracting minerals; (B) is subject to a severance tax, for the taxable year in which the person applies for a tax credit certificate, under Title 59, Chapter 5, Part 2, Mining Severance Tax, as a direct result of minerals produced from eligible exploration activities; and (C) makes a certified expenditure. (ii) "Claimant" does not include a person in the business of mining or extracting minerals on the Great Salt Lake from: (A) the brines of the Great Salt Lake, except for a person using a nonevaporative mining or extraction method; or (B) a material or secondary source, including tails, slag, waste dumps, or another similar secondary source, derived from the brines of the Great Salt Lake. (e) "Eligible claimant" means a claimant or a person to which a claimant assigns a tax credit in accordance with Subsections (4)(a)(vi), (7), and (11). (f) "Eligible exploration activity" means an activity performed in the state that is associated with: (i) producing a mineral from a natural deposit that is not part of a mine that exists at the time the activity begins; (ii) producing a mineral not under production within a mine that exists at the time the activity begins; (iii) recovering a mineral not under production from a secondary source at the time the activity begins, including tails, slag, waste dumps, or another similar secondary source, whether in solution or otherwise; or (iv) expanding production of a mineral using a mining method not used within a mine that exists at the time the activity begins as certified by the division in accordance with Subsection (10). (g) "Geochemical method" means a method of gathering geochemical data, including collecting soil, rock, water, air, vegetation, or any other similar item and performing a chemical analysis on the item. (h) "Geophysical method" means a method of gathering geophysical data that is used in mineral exploration, including seismic, gravity, magnetic, radiometric, radar, electromagnetic, and other remote sensing measurements. (i) "Mine" means the same as that term is defined in Section 59-5-201. (j) "Mineral" means: (i) a metalliferous mineral as defined in Section 59-5-201; or (ii) a metalliferous compound as defined in Section 59-5-202. (k) "Tax credit certificate" means a certificate the division issues that: (i) lists the claimant's name and taxpayer identification number; (ii) lists the amount of the claimant's tax credit authorized under this section for a taxable year; and (iii) includes other information as determined by the division. (2) Before claiming a tax credit under Section 59-5-304, a person shall apply to the division to enter into an agreement and, upon becoming an eligible claimant, to receive a tax credit certificate. (3) (a) Except as provided in Subsection (3)(b), a person shall enter into an agreement with the division before beginning eligible exploration activities. (b) A person that has certified expenditures from an eligible exploration activity for a taxable year beginning on or after January 1, 2025, and beginning before January 1, 2026, shall enter an agreement with the division as provided by rule. (4) (a) The agreement shall provide: (i) the eligible exploration activities for which the person may incur certified expenditures eligible to receive a tax credit certificate, which may include certified expenditures from a taxable year beginning on or after January 1, 2025, and beginning before January 1, 2027; (ii) the type of mineral the person intends to produce; (iii) the maximum number of years a person has between the beginning of eligible exploration activities and the production of minerals as a direct result of the eligible exploration activities; (iv) the maximum number of years, which may not exceed 10 years, that a person may receive a tax credit certificate; (v) the requirements for reporting certified expenditures and production of minerals as a direct result of eligible exploration activity, including: (A) a description of the mine where the eligible exploration activity occurred; (B) evidence that the certified expenditure occurred and the amount of the certified expenditure; and (C) the means for verifying that severance tax liability occurs as a direct result of an eligible exploration activity; and (vi) subject to Subsection (11), a requirement that, if a claimant intends to assign a tax credit, the claimant shall provide to the division a written notice of intent to assign the tax credit to another person, in a form the division approves, that includes: (A) written certification or other proof that the claimant irrevocably elects not to claim the tax credit authorized by the tax credit certificate; and (B) contact information for the person to which the claimant is assigning the tax credit. (b) The parties to the agreement may modify the terms of the agreement. (c) (i) The division shall approve certified expenditures upon receiving a report of a certified expenditure unless the division determines that the expenditure does not meet the definition of certified expenditure. (ii) If the division determines that an expenditure does not meet the definition of certified expenditure, the division shall provide the person a written explanation that states each reason the division denied the expenditure and give the person an opportunity to correct any deficiency or provide additional information. (5) (a) A person with an agreement may apply for a tax credit certificate: (i) upon becoming an eligible claimant; and (ii) for a taxable year beginning on or after January 1, 2027. (b) The person shall include in the application for a tax credit certificate the following information for the taxable year in which the person seeks a tax credit certificate: (i) proof that the person is an eligible claimant; (ii) a description of the mineral that the eligible claimant produced and evidence to support that the mineral is produced from an eligible exploration activity; (iii) the amount of severance tax liability as a direct result of minerals produced from an eligible exploration activity that the eligible claimant incurred for the taxable year; and (iv) any other information the division requests. (6) (a) After the division receives an application for a tax credit certificate, the division shall: (i) verify that the person is an eligible claimant; and (ii) determine whether the eligible claimant has approved certified expenditures. (b) Subject to Subsection (6)(c), the division shall issue a tax credit certificate in an amount equal to the lesser of: (i) 50% of the amount of certified expenditures minus any certified expenditures for which the division previously issued a tax credit certificate; or (ii) 30% of the claimant's severance tax liability as a direct result of minerals produced from an eligible exploration activity for the taxable year. (c) (i) The division may not issue a tax credit certificate if the aggregate value of tax credit certificates issued for certified expenditures related to eligible exploration activities at the same mine exceeds $10,000,000. (ii) Notwithstanding Subsection (6)(c)(i), the division may issue a tax credit certificate up to an aggregate value of $15,000,000 for certified expenditures related to eligible exploration activities at the same mine if the certified expenditures that exceed $10,000,000 are for eligible exploration activities undertaken to produce a mineral for which the United States is greater than 50% net import reliant, as provided in the Mineral Commodity Summaries published by the United States Geological Survey, in the calendar year in which an eligible exploration activity commences. (7) (a) If the claimant meets the requirements of Subsection (4)(a)(vi), the division shall issue an assigned tax credit certificate to the person identified by the claimant in an amount equal to the lesser of: (i) the amount of the claimant's certified expenditures minus any certified expenditures for which the division previously issued a tax credit certificate; or (ii) the person's severance tax liability as a direct result of minerals produced from an eligible exploration activity for the taxable year. (b) A person that receives an assigned tax credit certificate may claim the tax credit under Section 59-5-304 as if the person met the requirements of Section 59-5-304, if the person files a return under Title 59, Chapter 5, Part 2, Mining Severance Tax. (8) An eligible claimant that receives a tax credit certificate or assigned tax credit certificate in accordance with this section shall retain the tax credit certificate or assigned tax credit certificate for the same time period that a person is required to keep books and records under Section 59-1-1406. (9) The division shall submit annually to the State Tax Commission an electronic list that includes: (a) the name and identifying information for: (i) each claimant to which the division issues a tax credit certificate; and (ii) each person to which the division issues an assigned tax credit certificate in accordance with Subsection (7); (b) for each person described in Subsection (9)(a), the amount of tax credit stated on the tax credit certificate or assigned tax credit certificate; and (c) for each person described in Subsection (9)(a)(ii), information necessary to identify the original tax credit certificate and the assigned tax credit certificate. (10) To qualify an activity as an eligible exploration activity under Subsection (1)(f)(iv), a claimant shall demonstrate to the satisfaction of the division and the division shall certify that the method to be used within a mine is a new technology or technique that did not exist within that mine at the time the activity begins. (11) A claimant may assign a tax credit certificate in accordance with Subsections (4)(a)(vi) and (7) only to either a new owner or operator of the same mining operations in the state that engaged in the eligible exploration activity that gives rise to the claimant's tax credit certificate. A claimant may assign a tax credit certificate under this Subsection (11) to only one person. (12) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the division may make rules governing the administration of the agreement and tax credit certificate process described in this section.
Utah Code § 40-6-6.5 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-6.5
§ 40-6-6.5. Pooling of interests for the development and operation of a drilling unit -- Board may order pooling of interests -- Payment of costs and royalty interests -- Monthly accounting.
Status: in_force

(1) Two or more owners within a drilling unit may bring together their interests for the development and operation of the drilling unit. (2) (a) In the absence of a written agreement for pooling, including a joint operating agreement, the board may enter an order pooling all interests in the drilling unit for the development and operation of the drilling unit. (b) The order shall be made upon terms and conditions that are just and reasonable. (c) The board may adopt terms appearing in a joint operating agreement: (i) for the drilling unit that is in effect between the consenting owners; (ii) submitted by any party to the proceeding; or (iii) submitted by its own motion. (3) (a) Operations incident to the drilling of a well upon any portion of a drilling unit covered by a pooling order shall be deemed for all purposes to be the conduct of the operations upon each separately owned tract in the drilling unit by the several owners. (b) The portion of the production allocated or applicable to a separately owned tract included in a drilling unit covered by a pooling order shall, when produced, be deemed for all purposes to have been produced from that tract by a well drilled on it. (4) (a) (i) Each pooling order shall provide for the payment of just and reasonable costs incurred in the drilling and operating of the drilling unit, including: (A) the costs of drilling, completing, equipping, producing, gathering, transporting, processing, marketing, and storage facilities; (B) reasonable charges for the administration and supervision of operations; and (C) other costs customarily incurred in the industry. (ii) An owner is not liable under a pooling order for costs or losses resulting from the gross negligence or willful misconduct of the operator. (b) Each pooling order shall provide for reimbursement to the consenting owners for any nonconsenting owner's share of the costs out of production from the drilling unit attributable to the nonconsenting owner's tract. (c) Each pooling order shall provide that each consenting owner shall own and be entitled to receive, subject to royalty or similar obligations: (i) the share of the production of the well applicable to the consenting owner's interest in the drilling unit; and (ii) unless the consenting owner has agreed otherwise, the consenting owner's proportionate part of the nonconsenting owner's share of the production until costs are recovered as provided in Subsection (4)(d). (d) (i) Each pooling order shall provide that each nonconsenting owner shall be entitled to receive, subject to royalty or similar obligations, the share of the production of the well applicable to the nonconsenting owner's interest in the drilling unit after the consenting owners have recovered from the nonconsenting owner's share of production the following amounts less any cash contributions made by the nonconsenting owner: (A) 100% of the nonconsenting owner's share of the cost of surface equipment beyond the wellhead connections, including stock tanks, separators, treaters, pumping equipment, and piping; (B) 100% of the nonconsenting owner's share of the estimated cost to plug and abandon the well as determined by the board; (C) 100% of the nonconsenting owner's share of the cost of operation of the well commencing with first production and continuing until the consenting owners have recovered all costs; and (D) an amount to be determined by the board but not less than 150% nor greater than 400% of the nonconsenting owner's share of the costs of staking the location, wellsite preparation, rights-of-way, rigging up, drilling, reworking, recompleting, deepening or plugging back, testing, and completing, and the cost of equipment in the well to and including the wellhead connections. (ii) The nonconsenting owner's share of the costs specified in Subsection (4)(d)(i) is that interest which would have been chargeable to the nonconsenting owner had the nonconsenting owner initially agreed to pay the nonconsenting owner's share of the costs of the well from commencement of the operation. (iii) A reasonable interest charge may be included if the board finds it appropriate. (e) If there is any dispute about costs, the board shall determine the proper costs. (5) If a nonconsenting owner's tract in the drilling unit is subject to a lease or other contract for the development of oil and gas, the pooling order shall provide that the consenting owners shall pay any royalty interest or other interest in the tract not subject to the deduction of the costs of production from the production attributable to that tract. (6) (a) If a nonconsenting owner's tract in the drilling unit is not subject to a lease or other contract for the development of oil and gas, the pooling order shall provide that the nonconsenting owner shall receive as a royalty: (i) the acreage weighted average landowner's royalty based on each leased fee and privately owned tract within the drilling unit, proportionately reduced by the percentage of the nonconsenting owner's interest in the drilling unit; or (ii) if there is no leased fee or privately owned tract within the drilling unit other than the one owned by the nonconsenting owner, 16-2/3% proportionately reduced by the percentage of the nonconsenting owner's interest in the drilling unit. (b) The royalty shall be: (i) determined prior to the commencement of drilling; and (ii) paid from production attributable to each tract until the consenting owners have recovered the costs specified in Subsection (4)(d). (7) Once the consenting owners have recovered the costs, as described in Subsection (6)(b)(ii), the royalty shall be merged back into the nonconsenting owner's working interest and shall be terminated. (8) The operator of a well under a pooling order in which there is a nonconsenting owner shall furnish the nonconsenting owner with monthly statements specifying: (a) costs incurred; (b) the quantity of oil or gas produced; and (c) the amount of oil and gas proceeds realized from the sale of the production during the preceding month. (9) Each pooling order shall provide that when the consenting owners recover from a nonconsenting owner's relinquished interest the amounts provided for in Subsection (4)(d): (a) the relinquished interest of the nonconsenting owner shall automatically revert to him; (b) the nonconsenting owner shall from that time: (i) own the same interest in the well and the production from it; and (ii) be liable for the further costs of the operation as if he had participated in the initial drilling and operation; and (c) costs are payable out of production unless otherwise agreed between the nonconsenting owner and the operator. (10) Each pooling order shall provide that in any circumstance where the nonconsenting owner has relinquished his share of production to consenting owners or at any time fails to take his share of production in-kind when he is entitled to do so, the nonconsenting owner is entitled to: (a) an accounting of the oil and gas proceeds applicable to his relinquished share of production; and (b) payment of the oil and gas proceeds applicable to that share of production not taken in-kind, net of costs. (11) (a) A pooling order may be made effective retroactively to the date of first production of a well to which the pooling order applies, subject to Subsection (11)(b). (b) If the retroactive date predates the board's order establishing the drilling unit, the retroactive date is authorized only if: (i) no party to the board's proceeding objects to the retroactive application; or (ii) an objection is received by the board and the board finds a party has engaged in inequitable conduct prejudicing another party's correlative right. (c) A pooling order made retroactive under this section is binding upon a party owning an interest in the drilling unit who receives proper notice of the board's proceeding. (12) Except as otherwise provided by a rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the terms and conditions of the board's initial order pooling all interests in a drilling unit, including the terms and conditions of a joint operating agreement as adopted by the board, shall apply to all subsequently drilled wells in the drilling unit, except as modified by: (a) an accounting for actual costs incurred for each subsequently drilled well in the drilling unit; (b) an accounting for the consenting or nonconsenting status of the owner of each subsequently drilled well in the drilling unit; and (c) the board after the filing of and hearing upon a petition filed by an affected owner desiring a modification.
Utah Code § 40-11-2 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-2
§ 40-11-2. Preemption.
Status: in_force

(1) Regulation of geologic carbon storage is of statewide concern and the state regulation of geologic carbon storage activity occupies the whole field of geologic carbon storage subject to: (a) the granting of primacy over Class VI geologic sequestration wells; and (b) relevant federal law. (2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that: (a) regulates only surface activity that is incidental to geologic carbon storage activity; (b) does not effectively or unduly limit, ban, or prohibit geologic carbon storage activity; and (c) is not otherwise preempted by state or federal law.
Utah Code § 40-6-3 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-3
§ 40-6-3. Waste prohibited.
Status: in_force

The waste of oil or gas is prohibited.
Utah Code § 40-10-9 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-9
§ 40-10-9. Permit required for surface coal mining operations -- Exemptions -- Expiration of permit -- Maximum time for commencement of mining operations -- Renewal of permit.
Status: in_force

(1) No person shall engage in or carry out surface coal mining operations within the state unless that person has first obtained a permit issued by the division pursuant to an approved mining and reclamation program, but the permit will not be required if the operations are exempt as provided in Section 40-10-5. (2) (a) All permits issued pursuant to the requirements of this chapter shall be issued for a term not to exceed five years; but if the applicant demonstrates that a specified longer term is reasonably needed to allow the applicant to obtain necessary financing for equipment and the opening of the operation, and if the application is full and complete for the specified longer term, the division may grant a permit for the longer term. (b) A successor in interest to a permittee who applies for a new permit within 30 days after succeeding to the interest and who is able to obtain the bond coverage of the original permittee may continue surface coal mining and reclamation operations according to the approved mining and reclamation plan of the original permittee until the successor's application is granted or denied. (3) (a) A permit shall terminate if the permittee has not commenced the surface coal mining operations covered by the permit within three years after the issuance of the permit; but the division may grant reasonable extensions of time upon a showing that the extensions are necessary by reason of litigation precluding this commencement or threatening substantial economic loss to the permittee, or by reason of conditions beyond the control and without the fault or negligence of the permittee. (b) With respect to coal to be mined for use in a synthetic fuel facility or specific major electric generating facility, the permittee shall be deemed to have commenced surface mining operations at such time as the construction of the synthetic fuel or generating facility is initiated. (4) (a) (i) Any valid permit issued pursuant to this chapter shall carry with it the right of successive renewal upon expiration with respect to areas within the boundaries of the existing permit. (ii) The holders of the permit may apply for renewal, and the renewal shall be issued (but on application for renewal the burden shall be upon the opponents of renewal), subsequent to fulfillment of the public notice requirements of Sections 40-10-13 and 40-10-14 unless it is established that and written findings by the division are made that: (A) the terms and conditions of the existing permit are not being satisfactorily met; (B) the present surface coal mining and reclamation operation is not in compliance with the approved plan; (C) the renewal requested substantially jeopardizes the operator's continuing responsibility on existing permit areas; (D) the operator has not provided evidence that the performance bond in effect for the operation will continue in full force and effect for any renewal requested in the application as well as any additional bond the division might require pursuant to Section 40-10-15; or (E) any additional revised or updated information required by the division has not been provided. (iii) Prior to the approval of any renewal of any permit, the division shall provide notice to the appropriate public authorities. (b) If an application for renewal of a valid permit includes a proposal to extend the mining operation beyond the boundaries authorized in the existing permit, the portion of the application for renewal of a valid permit which addresses any new land areas shall be subject to the full standards applicable to new applications under this chapter; but if the surface coal mining operations authorized by a permit issued pursuant to this chapter were not subject to the standards contained in Subsections 40-10-11(2)(e)(i) and 40-10-11(2)(e)(ii) by reason of complying with the provisions of Subsection 40-10-11(2)(e), then the portion of the application for renewal of the permit which addresses any new land areas previously identified in the reclamation plan submitted pursuant to Section 40-10-10 shall not be subject to the standards contained in Subsections 40-10-11(2)(e)(i) and 40-10-11(2)(e)(ii). (c) (i) Any permit renewal shall be for a term not to exceed the period of the original permit established by this chapter. (ii) Application for permit renewal shall be made at least 120 days prior to the expiration of the valid permit.
Utah Code § 40-6-21 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-21
§ 40-6-21. Mediation.
Status: in_force

(1) A surface land owner and an owner or operator may request non-binding mediation by providing written notice to the other party, if: (a) they are unable to agree on the amount of damages for unreasonable: (i) crop loss on the surface land; (ii) loss of value to existing improvements owned by the surface land owner on the surface land; or (iii) permanent damage to the surface land; and (b) the dispute over damages described in Subsection (1)(a) relates to an application for a permit to drill submitted by the owner or operator to the division on or after July 1, 2012. (2) The division and the Utah Department of Agriculture and Food shall agree on, and maintain a list of, mediators qualified to mediate disputes between an owner or operator and a surface land owner. (3) An owner or operator and a surface land owner may mutually select a mediator from: (a) the list maintained under Subsection (2); or (b) any other source. (4) The surface land owner and the owner or operator shall equally share the cost of the mediator's services. (5) The provisions of this section do not prevent or delay an owner or operator from conducting oil and gas operations in accordance with applicable law.
Utah Code § 40-11-1 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-1
§ 40-11-1. Definitions.
Status: in_force

As used in this chapter: (1) "Board" means the Board of Oil, Gas, and Mining. (2) (a) "Carbon dioxide" means carbon dioxide (CO2) that has been captured from an emission source or direct air capture, plus incidental associated substances derived from the source materials and the capture process, and any substances added to the carbon dioxide to enable or improve the injection process. (b) "Carbon dioxide" does not include hazardous waste as that term is defined in Section 19-6-102. (3) "Class VI injection well" means the same as that term is defined in 40 C.F.R. 146.5(f). (4) "Division" means the Division of Oil, Gas, and Mining. (5) "Fund" means the Carbon Dioxide Storage Fund created under Section 40-11-23. (6) "Geologic carbon storage" means the permanent or short-term underground storage of carbon dioxide in a storage reservoir. (7) "Geologic carbon storage activity" means activity associated with the development, production, processing, and storage of carbon dioxide as set forth in Title 40, Chapter 11, Geologic Carbon Storage, and includes: (a) drilling; (b) development of storage facilities; (c) completion, maintenance, reworking, recompletion, disposal, plugging, and abandonment of storage facilities; (d) construction activities; (e) recovery techniques; (f) remediation activities; and (g) any other activity related to geologic carbon storage that the board identifies. (8) "Permit" means a permit issued by the division and approved by the board allowing a person to operate a storage facility. (9) "Reservoir" means a subsurface sedimentary stratum, formation, aquifer, cavity, or void, whether natural or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for or capable of being made suitable for geologic carbon storage. (10) (a) "Storage facility" means the reservoir, underground equipment, and surface facilities and equipment used or proposed to be used in a geologic carbon storage operation. (b) "Storage facility" does not include pipelines used to transport carbon dioxide to a storage facility. (11) "Storage operator" means a person holding or applying for a permit.
Utah Code § 40-1-2 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-2
§ 40-1-2. Discovery monument -- Notice of location -- Contents.
Status: in_force

The locator at the time of making the discovery of such vein or lode must erect a monument at the place of discovery, and post thereon the locator's notice of location which shall contain: (1) The name of the claim. (2) The name of the locator or locators. (3) The date of the location. (4) If a lode claim, the number of linear feet claimed in length along the course of the vein each way from the point of discovery, with the width claimed on each side of the center of the vein, and the general course of the vein or lode as near as may be, and such a description of the claim, located by reference to some natural object or permanent monument, as will identify the claim. (5) If a placer or mill site claim, the number of acres or superficial feet claimed, and such a description of the claim or mill site, located by reference to some natural object or permanent monument, as will identify the claim or mill site.
Utah Code § 40-2-202 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-202
§ 40-2-202. Appointment of director.
Status: in_force

(1) The director is the chief officer of the office and serves as the executive and administrative head of the office. (2) (a) The commissioner shall appoint the director. (b) The director may be removed from that position at the will of the commissioner. (3) The director shall receive compensation as provided by Title 63A, Chapter 17, Utah State Personnel Management Act. (4) The director shall be experienced in administration and possess such additional qualifications as determined by the commissioner.
Utah Code § 40-11-15 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-15
§ 40-11-15. Title to injected carbon dioxide.
Status: in_force

(1) The storage operator has title to the carbon dioxide injected into and stored in a storage reservoir and holds title until the board issues a certificate of project completion. (2) The storage operator is liable for any damage the stored carbon dioxide may cause, including damage caused by escaping stored carbon dioxide until the board issues a certificate of project completion. (3) An owner of pore space does not incur liability for geologic carbon storage activity by virtue of ownership of or of leasing out the pore space.
Utah Code § 40-10-16 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-16
§ 40-10-16. Release of performance bond, surety, or deposit -- Inspection and evaluation of reclamation work -- Action on application for release of bond -- Objections -- Formal hearing or informal conference.
Status: in_force

(1) The division shall adopt and promulgate rules providing for the release of all or part of a performance bond, surety, or deposit which will include the following requirements: (a) filing of a request with the division by the operator; and (b) advertisement by the operator designed to give public notice of the release and the reclamation steps taken by the operator. (2) Upon receipt of the notification and request, the division shall within 30 days conduct an inspection and evaluation of the reclamation work involved. The evaluation shall consider, among other things, the degree of difficulty to complete any remaining reclamation, whether pollution of surface and subsurface water is occurring, the probability of continuance of future occurrence of the pollution, and the estimated cost of abating the pollution. The division shall notify the operator in writing of its decision to release or not to release all or part of the performance bond or deposit within 60 days from the filing of the request, if no public hearing is held pursuant to Subsection (6), and if there has been a public hearing held pursuant to Subsection (6), within 30 days thereafter. (3) The division may release in whole or in part the bond or deposit if the division is satisfied the reclamation covered by the bond or deposit or portion of them has been accomplished as required by this chapter according to the schedule set forth in the division's rules, but no bond shall be fully released until all reclamation requirements of this chapter are finally met. (4) If the division disapproves the application for release of the bond or portion of it, the division shall notify the permittee in writing, stating the reasons for disapproval and recommending corrective actions necessary to secure the release and allowing opportunity for a public hearing. (5) When any application for total or partial bond release is filed with the division, the division shall notify the municipality in which a surface coal mining operation is located by certified mail at least 30 days prior to the release of all or a portion of the bond. (6) (a) Any person with a valid legal interest which may be adversely affected by release of the bond or the responsible officer or head of any federal, state, or local governmental agency which has jurisdiction by law or special expertise with respect to any environmental, social, or economic impact involved in the operation, or is authorized to develop and enforce environmental standards with respect to these operations shall have the right to file written objections to the proposed release from bond with the division within 30 days after the last publication of the above notice. (b) If written objections are filed and a conference is requested, the division shall inform all the interested parties of the time and place of the conference and hold an informal conference within 30 days after the request is filed with the division. (c) The conference officer may convert the conference to a formal proceeding under the standards set forth by Section 63G-4-202. The matter shall be scheduled for hearing before the board and a hearing shall be held in accordance with the rules of practice and procedure of the board. (d) A decision from the informal conference may be appealed to the board. The board shall hold a hearing pursuant to the rules of practice and procedure of the board.
Utah Code § 40-10-11 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-11
§ 40-10-11. Division action on permit application -- Requirements for approval -- List of applicant's mining law violation -- Restoration of prime farmland.
Status: in_force

(1) (a) (i) After a complete mining application and reclamation plan or a revision or renewal of an application and plan is submitted to the division as required by this chapter and the public is notified and given an opportunity for a hearing as required by Section 40-10-13, the division shall grant, require modification of, or deny the permit application. (ii) The division shall make its decision within a reasonable time set by the division and notify the applicant in writing. (b) The applicant for a permit, or a revision of a permit shall have the burden of establishing that the application is in compliance with all requirements of this chapter. (c) Within 10 days after the granting of a permit, the division shall provide to the local governmental officials in the local political subdivision in which the area of affected land is located: (i) notification that a permit has been issued; and (ii) a description of the location of the land. (2) No permit or revision application shall be approved unless the application affirmatively demonstrates and the division finds in writing on the basis of the information set forth in the application, or from information otherwise available which will be documented in the approval and made available to the applicant, that: (a) the permit application is accurate and complete and that all requirements of this chapter have been complied with; (b) the applicant has demonstrated that the reclamation requirements under this chapter can be accomplished under the reclamation plan contained in the permit application; (c) the assessment of the probable cumulative impact of all anticipated mining in the area on the hydrologic balance specified in Subsection 40-10-10(2)(c) has been made by the division and the proposed operation has been designed to prevent material damage to the hydrologic balance outside the permit area; (d) the area proposed to be mined is not included within an area: (i) designated as unsuitable for surface coal mining pursuant to Section 40-10-24; or (ii) under study for this designation in an administrative proceeding commenced under Subsection 40-10-24(2), unless the operator demonstrates that prior to January 1, 1977, substantial legal and financial commitments were made to the operation; (e) the proposed surface coal mining operation would not: (i) interrupt, discontinue, or preclude farming on alluvial valley floors that are irrigated or naturally subirrigated other than on: (A) undeveloped range lands that are not significant to farming on alluvial valley floors; or (B) lands which the division finds are of such small acreage that if farming is interrupted, discontinued, or precluded, the impact on the farm's agricultural production will be negligible; or (ii) materially damage the quantity or quality of water in surface or underground water systems that supply alluvial valley floors specified in Subsection (2)(e)(i), but this Subsection (2)(e) shall not affect those surface coal mining operations which in the year preceding August 3, 1977, produced coal in commercial quantities and were located within or adjacent to alluvial valley floors or had obtained specific permit approval by the division to conduct surface coal mining operations within these alluvial valley floors; and (f) if the private mineral estate has been severed from the private surface estate, the applicant has submitted to the division: (i) the written consent of the surface owner to the extraction of coal by surface mining methods provided that nothing in this Subsection (2) shall be construed to: (A) increase or diminish any property right established under the laws of the state; or (B) authorize the board or division to adjudicate property right disputes; (ii) a conveyance that expressly grants or reserves the right to extract the coal by surface mining methods; or (iii) documentation consistent with state law that establishes the status of the surface-subsurface legal relationship. (3) (a) (i) The applicant shall file with the permit application a list of any notices of violations of the Surface Mining Control and Reclamation Act of 1977 or its implementing regulations, this chapter, any state or federal program or law approved under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Sec. 1201 et seq., and any law, rule, or regulation of the United States, State of Utah, or any department or agency in the United States pertaining to air or water environmental protection incurred by the applicant in connection with any surface coal mining operation during the three-year period prior to the date of application. (ii) The list required in Subsection (3)(a)(i) shall also indicate the final resolution of any notice of violation. (b) If the list or other information available to the division indicates that any surface coal mining operation owned or controlled by the applicant is currently in violation of this chapter or other laws and regulations referred to in this Subsection (3), the permit shall not be issued until the applicant submits proof that the violation has been corrected or is in the process of being corrected to the satisfaction of the division, department, or agency which has jurisdiction over the violation. (c) No permit shall be issued to an applicant after a finding by the board, after opportunity for hearing, that the applicant, or the operator specified in the application, controls or has controlled mining operations with a demonstrated pattern of willful violations of this chapter, the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Sec. 1201 et seq., the implementing federal regulations, any state or federal programs enacted under the Surface Mining Control and Reclamation Act, or other provisions of the approved Utah program of such nature and duration with such resulting irreparable damage to the environment as to indicate an intent not to comply with the provisions of this chapter. (4) (a) (i) In addition to finding the application in compliance with Subsection (2), if the area proposed to be mined contains prime farmland pursuant to division rules, the division shall grant a permit to mine on prime farmland if the division finds in writing that the operator has the technological capability to restore the mined area within a reasonable time to an equivalent or higher level of yield as nonmined prime farmland in the surrounding area under equivalent levels of management and can meet the soil reconstruction standards specified in division rules. (ii) Except for compliance with Subsection (2), the requirements of this subsection shall apply to all permits issued after August 3, 1977. (b) This Subsection (4) shall not apply to any permit issued prior to August 3, 1977, or to any revisions or renewals of the permit, or to any existing surface mining operations for which a permit was issued prior to August 3, 1977. (5) (a) After October 24, 1992, the prohibition of Subsection (3) shall not apply to a permit application if the violation resulted from an unanticipated event or condition that occurred at a surface coal mining operation on lands eligible for remining under a permit held by the person making the application. (b) As used in this Subsection (5), the term "violation" has the same meaning as the term has under Subsection (3).
Utah Code § 40-10-23 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-23
§ 40-10-23. Time for bringing criminal proceeding.
Status: in_force

No criminal proceeding based upon violation of this chapter, or any rule, regulation, or order issued under this chapter, shall be commenced or maintained unless it shall have been commenced within five years from the date of the alleged violation.
Utah Code § 40-8-14.5 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-14.5
§ 40-8-14.5. Study of surety issues.
Status: in_force

(1) As used in this section, "surety" means resources pledged by an operator to address reclamation obligations and includes: (a) collateral; (b) a bond or other form of insured guarantee; (c) a deposited security; (d) cash or other commodity accepted as a medium of economic exchange; or (e) a written contractual agreement. (2) (a) The division shall study the need, if any, to modify requirements under this chapter for an operator to pledge surety with the division. (b) As part of the study, the division shall examine: (i) the one or more forms of surety that the division should accept; (ii) the amounts of surety that should be imposed; (iii) the factors the division or board should consider in determining the form and amount of surety an operator shall pledge; (iv) similar surety requirements made on an operator by others, with the intent that surety requirements are coordinated and not duplicated; (v) when surety should be released or forfeited; (vi) appropriate actions to enforce and collect against an operator who pledges surety; (vii) surety requirements in other states; (viii) whether insurance products or captive insurance companies could be used to address the reasons surety is needed; (ix) whether a state surety pool should be created by statute; and (x) any other issue the division determines is helpful in modernizing the surety process under this chapter. (3) The division shall report the results of the study required by this section, including any recommendations for legislation, to the Natural Resources, Agriculture, and Environment Interim Committee on or before the committee's 2025 October interim committee meeting.
Utah Code § 40-11-11 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-11
§ 40-11-11. Geologic carbon storage amalgamation unit -- Procedure for establishment -- Operation.
Status: in_force

(1) The board may hold a hearing to consider the need for the amalgamation of a tract for geologic carbon storage. (2) The board shall make an order providing for the amalgamation of a tract for geologic carbon storage, if the board finds that: (a) amalgamation is reasonably necessary for the purposes of this chapter; and (b) the value of amalgamation justifies proceeding against the nonconsenting owner's wishes. (3) The amalgamation order shall include: (a) a description of the lands and of the reservoir to become a storage facility; (b) a statement of the nature of the operations contemplated; (c) an allocation to the separately owned tracts in the amalgamation unit of the profits the storage facility receives, considering: (i) agreements among interested parties; and (ii) the relative value of the separately owned tracts within the amalgamation area; (d) a provision for adjustment among the owners of the amalgamation area for investments made prior to the amalgamation order; (e) a provision determining the allocation of costs among owners, and how the owners shall pay those costs; (f) any necessary provision for: (i) financing an owner; or (ii) carrying an owner; (g) a provision for the supervision and conduct of the storage facility operations, including a percentage vote for each owner; (h) additional provisions that are necessary and appropriate for carrying on the operation of the amalgamation unit; and (i) the designation of an operator of the amalgamation unit. (4) An amalgamation order described in Subsection (3) shall only be effective after the plan for operating the storage facility is approved in writing by: (a) owners whose obligations under the amalgamation order require them to pay not less than 70% of the costs for operating and constructing the facility; and (b) owners whose combined interest under the amalgamation order is not less than 70% of the profits from the operation of the storage facility.
Utah Code § 40-8-2 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-2
§ 40-8-2. Legislative findings.
Status: in_force

The Utah Legislature finds that: (1) A mining industry is essential to the economic and physical well-being of the state of Utah and the nation. (2) It is necessary to alter the surface of the earth to extract minerals required by our society, but this should be done in such a way as to minimize undesirable effects on the surroundings. (3) Mined land should be reclaimed so as to prevent conditions detrimental to the general safety and welfare of the citizens of the state and to provide for the subsequent use of the lands affected. Reclamation requirements must be adapted to the diversity of topographic, chemical, climatic, biologic, geologic, economic, and social conditions in the areas where mining takes place.
Utah Code § 40-10-26 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-26
§ 40-10-26. State reclamation plan and annual projects submitted to Secretary of Interior -- Contents of plan -- Annual support and implementation requests -- Costs for proposed projects.
Status: in_force

(1) The division will submit to the Secretary of the Interior a state reclamation plan and annual projects to carry out the purposes of this section. (2) The state reclamation plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform this work in conformance with the provisions of this chapter. (3) The division shall have the authority to submit an annual application for the support of the state program and implementation of specific reclamation projects to the Secretary of the Interior. These annual requests shall include such information as may be requested by the Secretary. (4) The division shall have the authority to provide annual and other reports required by the Secretary of the Interior to accompany the annual request for support required in Subsection (3). (5) The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses.
Utah Code § 40-13-303 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-303
§ 40-13-303. Order establishing brine field unit.
Status: in_force

(1) (a) The board may hold a hearing to consider the need for the operation as a unit of one or more brine reservoirs or parts of brine reservoirs in a field. (b) The board shall consider including any state lands within a brine field unit that would not otherwise be protected from drainage because of the inability to develop the state lands due to geography or other factors. (2) The board shall make an order providing for the unit operation of a reservoir or part of a reservoir, if the board finds that: (a) the operation is reasonably necessary for the purposes of this chapter; and (b) the value of the estimated additional recovery of brine substantially exceeds the estimated additional cost incident to conducting the operations. (3) (a) An order by the board establishing or modifying a brine field or brine field unit shall prescribe a plan for unit operations that shall include: (i) a description of the lands and of the reservoir that is established as the brine field or brine field unit; (ii) subject to Subsection (3)(b), an allocation of the brine produced in the brine field unit to the separately-owned tracts in the brine field or brine field unit; (iii) the method for apportioning costs of development and operation between the separately owned tracts and how these costs are paid including a provision providing a procedure for the unit production allocated to an owner who does not pay the share of the cost of unit operations charged to such owner, or the interest of that owner, to be sold and the brine proceeds applied to the payment of the costs; (iv) a provision, if necessary, for carrying or otherwise financing a person who elects to be carried or otherwise financed, allowing a reasonable interest charge for this service payable out of that person's share of the production; (v) the method and circumstances under which brine or effluent from the brine field unit may be injected into the reservoir or other formations; (vi) the time when the unit operations shall commence, and the manner in which and the circumstances under which, the unit operations shall terminate; (vii) the additional provisions that the board finds appropriate for carrying out the unit operations, and for the protection of correlative rights; and (viii) the designation of a unit operator. (b) (i) The allocation under Subsection (3)(a)(ii) shall be in accord with the agreement, if any, of the interested parties. (ii) If there is no agreement, the board shall determine the relative value, from evidence introduced at the hearing, of the separately owned tracts in the brine field unit area and the production allocated to each tract shall be the proportion that the relative value of each tract so determined bears to the relative value of all tracts in the brine field unit area. (4) (a) An order of the board providing for unit operations of a reservoir may not become effective unless and until: (i) the plan for unit operations prescribed by the order has been approved in writing by: (A) those owners who, under the board's order, will be required to pay 70% of the costs of the unit operation; and (B) the owners of 70% of the production or brine proceeds that will be credited to interests that are free of costs, such as royalties, overriding royalties, and production payments; and (ii) the board makes a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been so approved. (b) If the persons owning required percentage of interest in a brine field unit area do not approve the plan for unit operations within six months from the date on which the order providing for unit operations is made, the order is ineffective and the board shall revoke the order unless good cause exists to extend the time. (5) An order providing for unit operations may be amended by an order made by the board in the same manner and subject to the same conditions as an original order providing for unit operations. (6) (a) Operations, including the commencement, drilling, or operation of a brine well upon any portion of the brine field unit area is considered for all purposes the conduct of operations upon each separately owned tract in the brine field unit area by the several owners. (b) The portions of the unit production allocated to a separately owned tract in a brine field unit area shall, when produced, be considered, for all purposes, to have been actually produced from the tract by a brine well drilled. (7) Operations carried on under the plan of unitization shall constitute a fulfillment of all of the provisions of the brine leases or other contracts upon lands included within the brine field unit area insofar as the leases or contracts may relate to the reservoir or portion of the reservoir included within the brine field unit.
Utah Code § 40-6-15 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-15
§ 40-6-15. Division created -- Functions -- Director of division -- Qualifications of program administrators.
Status: in_force

(1) There is created within the Department of Natural Resources the Division of Oil, Gas, and Mining. (2) The division shall implement the policies and orders of the board and perform all other duties delegated by the board. (3) The director of the Division of Oil, Gas, and Mining shall be appointed by the director of the Department of Natural Resources with the concurrence of the Board of Oil, Gas, and Mining. (4) The director shall be the executive and administrative head of the Division of Oil, Gas, and Mining and shall be a person experienced in administration and knowledgeable in the extraction of oil, gas, and minerals. (5) Within the division, the person administering the oil and gas program shall have the technical background to efficiently administer that program. (6) Within the division, the person administering the mining program shall have the technical background to efficiently administer that program.
Utah Code § 40-13-102 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-102
§ 40-13-102. Scope of chapter -- Political subdivisions.
Status: in_force

(1) (a) The board has jurisdiction over the drilling and production of brine wells. (b) The board does not have jurisdiction over Class I, III, IV, or V wells regulated by the Department of Environmental Quality, pursuant to the federal Safe Drinking Water Act, 40 C.F.R. Parts 144 through 148, inclusive, and Title 19, Chapter 5, Water Quality Act. (2) The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that: (a) regulates only surface activity that is incidental to brine mining operations; (b) does not effectively or unduly limit, ban, or prohibit brine mining operations; and (c) is not otherwise preempted by state or federal law.
Utah Code § 40-11-9 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-9
§ 40-11-9. Permit provisions.
Status: in_force

(1) A permit shall require that: (a) an operator remain in compliance with all of the permit requirements described in Subsection 40-11-6(3); and (b) an operator comply with any additional provisions the board imposes. (2) The board may make a permit contingent upon: (a) the payment of fair compensation to pore space owners who do not consent to the use of the owners' pore space for geologic carbon storage; (b) the recording of the permit as described in Section 40-11-12; and (c) additional provisions to protect the environment and the property interests of the parties described in Subsection 40-11-7(4).
Utah Code § 40-8-4 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-4
§ 40-8-4. Definitions.
Status: in_force

As used in this chapter: (1) "Adjudicative proceeding" means: (a) a division or board action or proceeding determining the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including actions to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, permit, or license; or (b) judicial review of a division or board action or proceeding specified in Subsection (1)(a). (2) "Amendment" means a request for an insignificant change to a notice of intention, as defined by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (3) "Applicant" means a person who has filed a notice of intent to commence mining operations, or who has applied to the board for a review of a notice or order. (4) (a) "Approved notice of intention" means a formally filed notice of intention to commence mining operations, including revisions or amendments to the notice of intention that is approved under Section 40-8-13. (b) An approved notice of intention is not required for small mining operations. (5) (a) "Basalt" means fine-grained mafic igneous rock formed in the tertiary or quaternary periods. (b) A Utah Geological Survey published map or a United States Geological Survey published map that classifies material as "basalt" is prima facie evidence that the material meets the requirements of Subsection (5)(a). An unmapped area may be classified by a Utah Geological Survey geologist or a professional geologist licensed in the state. (6) "Board" means the Board of Oil, Gas, and Mining. (7) "Boulder" means a naturally occurring consolidated rock fragment greater than 75 millimeters in size that is associated with unconsolidated material and detached from bedrock. (8) "Conference" means an informal adjudicative proceeding conducted by the division. (9) (a) "Deposit" or "mineral deposit" means an accumulation of mineral matter in the form of consolidated rock, unconsolidated material, solutions, or occurring on the surface, beneath the surface, or in the waters of the land from which any product useful to man may be produced, extracted, or obtained or which is extracted by underground mining methods for underground storage. (b) "Deposit" or "mineral deposit" excludes sand, gravel, rock aggregate, basalt, boulders, water, geothermal steam, and oil and gas as defined in Chapter 6, Board and Division of Oil, Gas, and Mining, but includes oil shale and bituminous sands extracted by mining operations. (10) "Development" means the work performed in relation to a deposit following the deposit's discovery but before and in contemplation of production mining operations, aimed at preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. (11) "Division" means the Division of Oil, Gas, and Mining. (12) "Emergency order" means an order issued by the board in accordance with Section 63G-4-502. (13) (a) "Exploration" means surface-disturbing activities conducted for the purpose of: (i) discovering a deposit or mineral deposit; (ii) delineating the boundaries of a deposit or mineral deposit; and (iii) identifying regions or specific areas in which deposits or mineral deposits are most likely to exist. (b) "Exploration" includes: (i) sinking shafts; (ii) tunneling; (iii) drilling holes and digging pits or cuts; (iv) building of roads, and other access ways; and (v) constructing and operating other facilities related to the activities described in this Subsection (13)(b). (14) "Gravel" means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between 4 millimeters and 75 millimeters, that has been deposited by sedimentary processes. (15) "Hearing" means a formal adjudicative proceeding conducted by the board under the board's procedural rules. (16) (a) "Imminent danger to the health and safety of the public" means the existence of a condition or practice, or a violation of a permit requirement or other requirement of this chapter in a mining operation, which condition, practice, or violation could reasonably be expected to cause substantial physical harm to persons outside the permit area before the condition, practice, or violation can be abated. (b) A reasonable expectation of death or serious injury before abatement exists if a rational person, subjected to the same conditions or practices giving rise to the peril, would not expose the rational person to the danger during the time necessary for abatement. (17) (a) "Land affected" means the surface and subsurface of an area within the state where mining operations are being or will be conducted, including: (i) on-site private ways, roads, and railroads; (ii) land excavations; (iii) exploration sites; (iv) drill sites or workings; (v) refuse banks or spoil piles; (vi) evaporation or settling ponds; (vii) stockpiles; (viii) leaching dumps; (ix) placer areas; (x) tailings ponds or dumps; and (xi) work, parking, storage, or waste discharge areas, structures, and facilities. (b) Lands are excluded from Subsection (17)(a) that would: (i) be includable as land affected, but which have been reclaimed in accordance with an approved plan, as may be approved by the board; and (ii) include lands in which mining operations have ceased before July 1, 1977. (18) "Large mining operation" means a mining operation that is not a small mining operation and, for purposes of filing a notice of intention, does not include an exploration mining operation. (19) (a) "Mining operation" means activities conducted on the surface of the land for the exploration for, development of, or extraction of a mineral deposit, including surface mining and the surface effects of underground and in situ mining, on-site transportation, concentrating, milling, evaporation, and other primary processing. (b) "Mining operation" does not include: (i) the extraction of sand, gravel, rock aggregate, and boulders; (ii) the extraction of basalt for an area not to exceed 50 acres under active surface mining; (iii) the extraction of oil and gas as defined in Chapter 6, Board and Division of Oil, Gas, and Mining; (iv) the extraction of geothermal steam; (v) smelting or refining operations; (vi) off-site operations and transportation; (vii) reconnaissance activities; or (viii) activities that will not cause significant surface resource disturbance or involve the use of mechanized earth-moving equipment, such as bulldozers or backhoes. (20) "Notice" means: (a) notice of intention, as defined in this chapter; or (b) written information given to an operator by the division describing compliance conditions at a mining operation. (21) "Notice of intention" means a notice to commence mining operations, including revisions to the notice. (22) "Off-site" means the land areas that are outside of or beyond the on-site land. (23) (a) "On-site" means the surface lands on or under which surface or underground mining operations are conducted. (b) A series of related properties under the control of a single operator, but separated by small parcels of land controlled by others, are considered to be a single site unless an exception is made by the division. (24) "Operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mining operation or proposed mining operation. (25) "Order" means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. (26) "Owner" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, owning, controlling, or managing a mineral deposit or the surface of lands employed in mining operations. (27) "Permit" means a permit order. (28) "Permit area" means the area of land indicated on the approved map submitted by the operator with the application or notice to conduct mining operations. (29) "Permit order" means an action by the division that: (a) (i) approves a notice of intention to commence a large mining operation or revise or amend a large mining operation; or (ii) declares a notice of intention for a large mining operation deficient; (b) (i) accepts as complete a notice of intention to commence a small mining operation or revise or amend a small mining operation; and (ii) approves the amount and form of surety for a notice of intention; or (c) approves a notice of intention to conduct an exploration operation or revise or amend an exploration operation. (30) "Permittee" means a person holding, or who is required by Utah law to hold, a valid permit or notice to conduct mining operations. (31) "Person" means an individual, partnership, association, society, joint stock company, firm, company, corporation, or other governmental or business organization. (32) "Reclamation" means actions performed during or after mining operations to shape, stabilize, revegetate, or treat the land affected in order to achieve a safe, stable ecological condition and use that is consistent with local environmental conditions. (33) "Review proceeding" means a proceeding under this chapter to address a challenge to a permit order. (34) "Revision" means a request for a change to a notice of intention that is not an amendment to a notice of intention. (35) (a) "Rock aggregate" means those consolidated rock materials associated with a sand deposit, a gravel deposit, or a sand and gravel deposit that were created by alluvial sedimentary processes. (b) "Rock aggregate" excludes any solid rock in the form of bedrock, other than basalt, that is exposed at the surface of the earth or overlain by unconsolidated material. (36) "Sand" means a naturally occurring unconsolidated to moderately consolidated accumulation of rock and mineral particles, the dominant size range being between .004 millimeters to 4 millimeters, that has been deposited by sedimentary processes. (37) "Small mining operations" means mining operations that disturb or will disturb 20 or less surface acres at any given time in an unincorporated area of a county or 10 or less surface acres at any given time in an incorporated area of a county. (38) "Substantive public comment" means a public comment that: (a) is specific to a proposed action; (b) has a direct relationship to the proposed action; (c) includes supporting reasons for the division to consider; and (d) addresses issues that are within the scope of the division's jurisdiction. (39) "Unwarranted failure to comply" means the failure of a permittee to prevent the occurrence of a violation of the permit or a requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate a violation of the permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.
Utah Code § 40-2-201 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-201
§ 40-2-201. Utah Office of Coal Mine Safety created.
Status: in_force

(1) There is created within the commission the "Utah Office of Coal Mine Safety." (2) The office, under the direction of the commissioner, shall assist the commission in administering this chapter.
Utah Code § 40-11-19 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-19
§ 40-11-19. Participation of public interests.
Status: in_force

The governing body of a controlling state interest or interest of a political subdivision is authorized to consent to and participate in a geologic carbon storage project.
Utah Code § 40-1-1 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-1
§ 40-1-1. Lode claims -- Size and shape -- Discovery necessary.
Status: in_force

A lode mining claim, whether located by one or more persons, may equal, but shall not exceed, 1,500 feet in length along the vein or lode and may extend 300 feet on each side of the middle of the vein at the surface, except where adverse rights render a lesser width necessary. The end lines of each claim must be parallel. No location of a mining claim shall be made until the discovery of the vein or lode within the limits of the claim located.
Utah Code § 40-8-8 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-8
§ 40-8-8. Board authority to act -- Entry of order -- Confidential data.
Status: in_force

(1) The board may: (a) file a notice of agency action; or (b) respond to a request for agency action initiated by an affected person. (2) (a) The board shall enter its order within 60 days after the hearing. (b) All orders entered by the board shall be: (i) entered in books to be kept by the board for that purpose; (ii) indexed; and (iii) public records open for inspection at all times during reasonable office hours. (c) Confidential data disclosed under this chapter shall be protected and not become public records, except as provided in Section 40-8-13.
Utah Code § 40-13-301 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-301
§ 40-13-301. Establishment or modification of a brine production drilling unit.
Status: in_force

(1) Upon the petition of an owner or operator of a brine well, the board may order the establishment of a brine production drilling unit. (2) Within a brine production drilling unit, only one brine well may be drilled for production from the reservoir, except as provided in Subsections (6) and (7). (3) A brine production drilling unit may not be smaller than the maximum area that can be efficiently and economically drained by one brine well. (4) (a) Each brine production drilling unit within a reservoir shall be of uniform size and shape, unless the board finds that the board is required to make an exception due to geologic, geographic, or other factors. (b) If the board finds it necessary to divide a reservoir into zones and establish a brine production drilling unit for each zone, brine production drilling units may differ in size and shape for each zone. (5) An order of the board that establishes a brine production drilling unit for a reservoir shall: (a) be made upon terms and conditions that are just and reasonable; (b) include the lands determined by the board to overlay the reservoir; (c) specify the acreage and shape of each brine production drilling unit as determined by the board; and (d) specify the location of the brine well in terms of distance from brine production drilling unit boundaries and other brine wells. (6) The board may establish a brine production drilling unit and concurrently authorize the drilling of more than one brine well in a brine production drilling unit if the board finds that: (a) engineering or geologic characteristics justify the drilling of more than one brine well in that brine production drilling unit; and (b) the drilling of more than one brine well in the brine production drilling unit will not result in waste or unreasonably interfere with correlative rights. (7) The board may modify an order that establishes a brine production drilling unit for a reservoir to provide for: (a) an exception to the authorized location of a brine well; (b) the inclusion of additional areas which the board determines overlays the reservoir; (c) the increase or decrease of the size of the brine production drilling units; or (d) the drilling of additional brine wells within brine production drilling units. (8) After an order establishing a brine production drilling unit is entered by the board, the drilling of a brine well into the reservoir at a location other than that authorized by the order is prohibited.
Utah Code § 40-6-4 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-4
§ 40-6-4. Board of Oil, Gas, and Mining created -- Functions -- Appointment of members -- Terms -- Chair -- Quorum -- Expenses.
Status: in_force

(1) (a) There is created within the Department of Natural Resources the Board of Oil, Gas, and Mining. (b) The board shall be the policy making body for the Division of Oil, Gas, and Mining. (2) (a) The board shall consist of seven members appointed by the governor with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (b) In accordance with the requirements of Section 79-2-203, the members appointed under Subsection (2)(a) shall include the following: (i) two members who are knowledgeable in mining matters; (ii) two members who are knowledgeable in oil and gas matters; (iii) one member who is knowledgeable in ecological and environmental matters; (iv) one member who: (A) is a private land owner; (B) owns a mineral or royalty interest; and (C) is knowledgeable in mineral or royalty interests; and (v) one member who is knowledgeable in geological matters. (3) (a) Except as required by Subsection (3)(b), as terms of current board members expire, the governor shall appoint each new member or reappointed member to a four-year term. (b) Notwithstanding the requirements of Subsection (3)(a), the governor shall, at the time of appointment or reappointment, adjust the length of terms to ensure that the terms of board members are staggered so that approximately half of the board is appointed every two years. (c) A member shall hold office until the expiration of the member's term and until the member's successor is appointed, but not more than 90 days after the expiration of the member's term. (4) (a) When a vacancy occurs in the membership for any reason, the replacement shall be appointed for the unexpired term by the governor with the advice and consent of the Senate. (b) The person appointed shall have the same qualifications as the person's predecessor. (5) When the governor makes a new appointment or reappointment under Subsection (3)(a), or a vacancy appointment under Subsection (4)(a), the governor's new appointment, reappointment, or vacancy appointment shall be made with the advice and consent of the Senate in accordance with Title 63G, Chapter 24, Part 2, Vacancies. (6) (a) The board shall appoint its chair from the membership. (b) Four members of the board shall constitute a quorum for the transaction of business and the holding of hearings. (7) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (8) A member shall comply with the conflict of interest provisions described in Title 63G, Chapter 24, Part 3, Conflicts of Interest.
Utah Code § 40-11-3 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-3
§ 40-11-3. Board authority -- Rulemaking authority.
Status: in_force

(1) The board and the division have jurisdiction over all persons and property necessary to enforce this chapter. (2) To enforce this chapter, the board shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, including rules establishing penalties for a violation of this chapter consistent with Section 40-11-24. (3) (a) Subject to the granting of primacy by the Environmental Protection Agency under the process required in 40 C.F.R. Sec. 145 and successful application for primacy approval under Section 1425 of the Safe Drinking Water Act, the board and the division have: (i) exclusive jurisdiction in the state over Class VI injection wells located in the state on nonfederal lands; and (ii) cooperative jurisdiction in the state over Class VI injection wells located in the state on federal lands. (b) If the board receives primacy as described in Subsection (3)(a), the board may adopt, modify, repeal, and enforce procedural requirements described in 40 C.F.R. Sec. 145.13 to maintain the enforcement authority required for primacy over Class VI injection wells. (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules to implement the procedural requirements described in Subsection (3)(b). (4) The board shall establish fees in accordance with Section 63J-1-504, in an amount to pay the costs to the board and division of: (a) the permitting process; (b) the regulation of the construction, operation, and pre-closure activities of the storage facility; (c) the monitoring and management of closed storage facilities; and (d) administering the fund. (5) In addition to a fee imposed under Subsection (4), the board, in accordance with Section 63J-1-504: (a) may impose fees under Section 40-11-20; and (b) shall impose a fee under Section 40-11-21.
Utah Code § 40-1-4 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-4
§ 40-1-4. Copy of location notice to be recorded.
Status: in_force

Within 30 days after the date of posting the location notice upon the claim, the locator, or the locator's assigns, shall record a substantial copy of the notice of location in the office of the county recorder of the county in which the claim is situated.
Utah Code § 40-12-201 — Utah Code / Title 40 / Chapter 40-12 / § 40-12-201
§ 40-12-201. Regulation by board - Water rights.
Status: in_force

(1) The board shall regulate produced water used in an oil and gas activity as provided in this title. (2) (a) The nonconsumptive use of produced water in an oil and gas activity is not: (i) an appropriation of water for beneficial use under Title 73, Water and Irrigation; or (ii) a waste of water. (b) A water right is not established by the nonconsumptive use of produced water in an oil and gas activity. (c) Notwithstanding Title 73, Water and Irrigation, the state engineer may not require an operator or transferee to obtain a water right for the nonconsumptive use of produced water in an oil and gas activity.
Utah Code § 40-2-402 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-402
§ 40-2-402. Certification requirements.
Status: in_force

(1) The commission shall collect a fee for: (a) the taking of a certification test; or (b) the retaking of one or more sections of a certification test. (2) (a) The commission shall establish fees by following Section 63J-1-504. (b) Notwithstanding Section 63J-1-504, the commission: (i) shall retain the fees as dedicated credits; and (ii) may only use the fees to administer the certification test. (3) An applicant who fails any section of the certification test may retake that section of the test. (4) (a) An applicant who wishes to obtain a mine foreman certificate shall have at least four years varied underground coal mining experience, of which: (i) two years' experience may be credited to a mining engineering graduate of an accredited four-year college; or (ii) one year's experience may be credited to a graduate of a two-year course in mining technology. (b) (i) An applicant who wishes to obtain a surface foreman certificate shall have at least three years of varied surface experience. (ii) The commission may grant a surface foreman certificate applicant credit for surface experience in any other industry that has substantially equivalent surface facilities. (c) An applicant who wishes to obtain a fire boss certificate shall have at least two years of underground coal mining experience, of which: (i) one year's experience may be credited to a mining engineering graduate of an accredited four-year college; or (ii) six months' experience may be credited to a graduate of a two-year course in mining technology. (d) An applicant who wishes to obtain an underground mine electrician certificate shall have at least one year of varied electrical experience as specified in 30 C.F.R. Sec. 75.153. (e) An applicant who wishes to obtain a surface mine electrician certificate shall have at least one year of varied surface electrical experience as specified in 30 C.F.R. Sec. 77.103. (5) A certificate granted under Section 40-2-401 and this section shall expire if the certificate holder ceases to work in the mining industry or a mine related industry for more than five consecutive years.
Utah Code § 40-10-28 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-28
§ 40-10-28. Recovery of reclamation costs -- Lien against reclaimed land.
Status: in_force

(1) All reclamation costs of each project shall be recovered to the extent possible, taking into consideration the objectives of the project and the criteria under which the project was selected for reclamation work, in accordance with the following: (a) All possible reclamation costs shall be recovered at the time of first sale of land following reclamation as follows: (i) Whenever reclaimed land is sold at a value higher than that at which the unreclaimed land was appraised immediately prior to reclamation, the difference between the pre and post reclamation values shall be payable to the fund to mitigate or offset the cost of the reclamation program. (ii) When land is to be sold to a state or local government for public purposes, the amount of the sale price may be less than the market value after reclamation but may not be less than the actual cost of the purchase of the property by the state plus the costs of reclamation. (b) (i) Special charges for use of land may be levied, including recreation fees, leases, livestock grazing fees, or other land use fees. These fees may be waived by the division when deemed to be to the public benefit. (ii) These user fees, however, shall be charged to all users of the reclaimed lands if the uses result in financial or personal benefits to persons, corporations, or profit-making organizations. (iii) All fees collected, less operating and maintenance expenses, shall be deposited in the fund. (2) (a) The division shall place a lien against reclaimed land, the market value of which has increased as a result of the reclamation work, except where the surface owner owned the land prior to May 2, 1977, and neither consented to nor participated in nor exercised control over the mining operation which necessitated the reclamation work. (b) The division may waive the requirement of a lien where land is owned by a state, local government, or municipality or when owned and operated for a charitable public purpose by a nonprofit charitable organization. (c) The amount of the lien shall consist of the money expended for the reclamation work but shall not exceed the resulting increase in the market value of the reclaimed land as determined by an independent appraiser. (d) A written statement of money expended for the reclamation work, together with a notarized appraisal of an independent appraiser of the market value of the land before and after the reclamation work, shall within six months after completion of the reclamation work, be filed in the office of the county recorder of the county in which the land lies.
Utah Code § 40-1-8 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-8
§ 40-1-8. Vacancy and removal -- County recorder to receive records.
Status: in_force

(1) If there is a vacancy in the office of recorder of any mining district, or if there is no person in the mining district authorized to retain the custody and give certified copies of the records, the person having custody of the records shall deposit them in the office of the county recorder of the county in which the mining district, or the greater part of the mining district, is situated. (2) That county recorder shall take possession of the records and may make and certify copies from the records, including any other copies of records and papers in the recorder's office pertaining to mining claims. (3) Those certified copies shall be receivable in evidence in all courts and before all officers and tribunals. (4) The production of a certified copy shall be, without further proof, evidence that the records were properly in the custody of the county recorder.
Utah Code § 40-8-23 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-23
§ 40-8-23. Effective dates -- Exceptions.
Status: in_force

This act shall become effective 60 days after adjournment of the Legislature except as follows: (1) Mining operations which are active on the effective date of this act will be required to prepare and submit a notice of intention on or before July 1, 1977, and shall be authorized to continue such existing operations until the operator obtains approval of a notice of intention. Such approval shall be obtained by the operator within 36 months from the date of submission of this notice. Subsequent to approval of the notice of intention, the operator shall be bound by the provisions of the approved notice of intention and surety requirements as provided in Sections 40-8-13 and 40-8-14. (2) Mining operations which are active on the effective date of this act and which are suspended or terminated on or before July 1, 1977, shall advise the division of this fact before July 10, 1977, and shall not be required to submit a notice of intention. (3) Mining operations which are inactive on the effective date of this act and which resume operations on or before July 1, 1977, shall be required to prepare and submit a notice of intention within 12 months following the effective date of this act or within six months of the resumption of such operations, whichever is earlier, and shall be authorized to conduct operations as described in the notice of intention until the operator obtains approval of a notice of intention. Such approval shall be obtained by the operator within 36 months from the date of submission of the notice. Subsequent to approval of the notice of intention the operator shall be bound by the provisions of the approved notice of intention and surety requirements as provided in Sections 40-8-13 and 40-8-14. (4) The board and division, in the initial application of this act and until July 1, 1977, shall not be bound by the 30 day time limitation within which to take action on a notice of intention; but all notices of intention filed before July 1, 1977, shall be acknowledged as received within 30 days of receipt and action shall be commenced by the division within 12 months from the date of receipt. (5) This act and the rules and regulations promulgated under it shall be fully effective for all operators and mining operations active on the effective date of this act or commenced or reactivated on and after July 1, 1977.
Utah Code § 40-9-101 — Utah Code / Title 40 / Chapter 40-9 / § 40-9-101
§ 40-9-101. Title.
Status: in_force

This chapter is known as "Interstate Mining Compact."
Utah Code § 40-11-16 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-16
§ 40-11-16. Certificate of project completion.
Status: in_force

(1) To request a certificate of project completion, a storage operator shall submit: (a) a demonstration that the last carbon dioxide injection was no fewer than 10 years preceding the filing; (b) a statement of compliance with all statutes and rules regulating the storage facility; (c) a demonstration of the resolution of all pending claims regarding the storage facility; (d) a demonstration of the present and future physical integrity of the storage reservoir; (e) a demonstration that any carbon dioxide in the storage reservoir: (i) is essentially stationary; or (ii) if the carbon dioxide migrates or will migrate, is highly unlikely to cross the storage reservoir boundary; (f) a demonstration that all wells, equipment, and facilities necessary for maintaining the continued integrity of the storage reservoir are currently in good condition and will maintain that good condition; and (g) a demonstration that the operator has: (i) plugged wells; (ii) removed equipment and facilities not necessary to maintaining the integrity of the reservoir; and (iii) completed any other reclamation work the board requires. (2) Immediately after the board issues a certificate of project completion: (a) title to the storage facility and the stored carbon dioxide, including oversight of a facility used to store the stored carbon dioxide, transfers to the state; (b) liability with respect to the storage facility and the stored carbon dioxide transfers to the state; (c) the storage operator and any person who is not the state who has property rights in the storage facility is released from any obligation to comply with regulatory requirements associated with the storage facility; (d) the board shall release any bonds the storage operator has posted; and (e) the division shall oversee the monitoring and managing of the storage facility.
Utah Code § 40-13-101 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-101
§ 40-13-101. Definitions.
Status: in_force

As used in this chapter: (1) "Artificial brine" means mineralized water formed by dissolving rock salt, evaporites, or other readily soluble rocks or minerals derived through artificial means. (2) "Board" means the Board of Oil, Gas, and Mining. (3) (a) Except as provided in Subsection (3)(c), "brine" means subterranean saltwater and all of the saltwater's constituent parts and dissolved minerals contained in the saltwater if the saltwater: (i) has total dissolved solids in excess of 20,000 parts per million; and (ii) is not reasonably suitable for domestic or agricultural use. (b) "Brine" includes saltwater described in Subsection (3)(a) that has dissolved minerals contained within or extracted from the saltwater, such as: (i) bromine; (ii) magnesium; (iii) potassium; (iv) lithium; (v) boron; (vi) chlorine; (vii) iodine; (viii) calcium; (ix) strontium; (x) sodium; (xi) sulphur; (xii) barium; or (xiii) other marketable minerals, elements, or substances produced with or separated from the saltwater. (c) "Brine" does not include produced water unless the produced water is saved, sold, or used for the purpose of extracting the dissolved minerals or other chemical substances contained in the produced water. (4) "Brine field unit" means the formation by an order of the board of a unit of one or more brine reservoirs or parts of brine reservoirs in a field. (5) (a) "Brine mining operation" means the exploration for, development of, or production of brine, including naturally occurring brine and artificial brine, using production wells in excess of 7,500 feet in depth. (b) "Brine mining operation" does not include: (i) operations at the surface to extract brine from the Great Salt Lake; (ii) solution mining of salt for the primary purpose of creating subterranean caverns for the storage of liquids or gases; (iii) in situ leaching for other minerals not defined as brine for the purposes of this chapter; (iv) geothermal operations that do not include mineral extraction; and (v) off-site operations and transportation. (6) (a) "Brine proceeds" means a payment that: (i) derives from production of brine from a brine well located in the state; (ii) is expressed as a right to a specified interest in the: (A) cash proceeds received from the sale of the brine; or (B) the cash value of the brine; and (iii) is subject to any tax withheld from the payment pursuant to law. (b) "Brine proceeds" includes a: (i) royalty interest; (ii) overriding royalty interest; (iii) production payment interest; or (iv) working interest. (c) "Brine proceeds" does not include a net profits interest or other interest the extent of which cannot be determined with reference to a specified share of: (i) the cash proceeds received from the sale of the brine; or (ii) the cash value of the brine. (7) "Brine production drilling unit" means each separate composite area of land designated as a brine product drilling unit by order of the board for the production of brine and the injection of effluent. (8) "Brine well" means a well drilled or converted for the purpose of producing natural or artificial brine. (9) "Consenting owner" means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a brine well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the brine well. (10) "Correlative rights" means the opportunity of each owner in a reservoir to produce the owner's just and equitable share of the brine in the reservoir without waste. (11) "Division" means the Division of Oil, Gas, and Mining. (12) "Effluent" means the liquid and associated dissolved minerals remaining after extraction of the marketable substances from brine. (13) "Facility" means equipment or a structure used in the production, storage, treatment, transportation, refining, or processing brine. (14) "Field" means a general area underlaid by one or more brine reservoirs. (15) "Leaching" means extracting a soluble metallic compound from an ore by selectively dissolving it in a suitable solvent, such as sulfuric acid or hydrochloric acid. (16) "Manufacture" means the complete process of drilling, completing, equipping, and operating production and injection wells and of extracting and packaging brine. (17) "Mineral" means a naturally occurring inorganic element or compound having an orderly internal structure and characteristic chemical composition, crystal form, and physical properties. (18) "Multiple mineral development area" means an area designated by the board involving the management and development of various concurrent surface and sub-surface resource extraction operations, including exploratory activities for the purpose of efficient and effective development of the concurrent marketable resources in the area without unreasonable interference occurring between the separate operations. (19) "Nonconsenting owner" means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a brine well or agree to bear the owner's proportionate share of the costs. (20) "Operating agreement" is a contract that outlines the rights and obligations of multiple parties involved in a project, including: (a) establishing who will act as the operator; (b) identifying the parties' property interests; (c) allocating costs, benefits, liabilities, and obligations; and (d) providing a structure for handling disputes and other issues that may arise. (21) "Operator" means a person who is designated by the owners or the board to operate a brine well or brine production drilling unit. (22) "Owner" means a person owning an interest in the dissolved minerals and other chemical substances produced with or extracted from brine, or in the brine proceeds including having the right to: (a) drill into and produce brine from a reservoir; and (b) appropriate the production for that person or for that person and others. (23) "Payor" means the person who undertakes to distribute brine proceeds to the persons entitled to the brine proceeds, whether as the first purchaser of that production, as operator of the brine well from which the production is obtained, or as lessee under the lease on which royalty is due. (24) "Permit" means a permit order issued by the division allowing a person to engage in brine mining operations in the state. (25) "Permittee" means a person who: (a) holds a permit issued under this chapter; or (b) is required by this chapter to hold a permit. (26) "Pooling" means the bringing together of separately owned interests for the common development and operation of a brine production drilling unit. (27) "Produced water" means the same as that term is defined in Section 40-12-101. (28) "Reservoir" means an underground natural container containing a common accumulation of brine, with each zone of a general structure that is completely separated from any other zone in the structure being a separate reservoir, and is a common source of supply. (29) "Waste" means: (a) the inefficient, excessive, or improper use or the unnecessary dissipation of brine or reservoir energy; (b) the inefficient storing of brine, except for a solar evaporation pond permitted by the division; or (c) the locating, drilling, equipping, operating, or producing of a brine well in a manner that causes: (i) a significant reduction in the economic recoverability of brine from a reservoir or the dissolved minerals or chemical substances contained therein; (ii) injecting effluent or other wastes in a manner as to cause unnecessary water channeling or undue forced migration of brine between brine production drilling units; (iii) the unapproved intrusion of brine and effluent into an oil or gas reservoir; (iv) unnecessary brine wells to be drilled; or (v) the loss or destruction of brine either at the surface or subsurface.
Utah Code § 40-8-1 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-1
§ 40-8-1. Short title.
Status: in_force

This act shall be known and may be cited as the "Utah Mined Land Reclamation Act."
Utah Code § 40-6-2 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-2
§ 40-6-2. Definitions.
Status: in_force

For the purpose of this chapter: (1) "Board" means the Board of Oil, Gas, and Mining. (2) "Correlative rights" means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. (3) "Condensate" means hydrocarbons, regardless of gravity, that: (a) occur naturally in the gaseous phase in the reservoir; and (b) are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. (4) "Consenting owner" means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the well. (5) "Crude oil" means hydrocarbons, regardless of gravity, that: (a) are produced at the wellhead in liquid form; and (b) (i) occur naturally in the liquid phase in the reservoir; or (ii) are produced through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). (6) "Division" means the Division of Oil, Gas, and Mining. (7) (a) "Gas" means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. (b) "Gas" does not include any gaseous or liquid substance processed from coal, oil shale, or tar sands. (8) "Illegal oil" or "illegal gas" means oil or gas that has been produced from any well within the state in violation of this chapter or any rule or order of the board. (9) "Illegal product" means any product derived in whole or in part from illegal oil or illegal gas. (10) (a) "Natural gas" means hydrocarbons that occur naturally in the gaseous phase in the reservoir and are produced and recovered at the wellhead in gaseous form, except natural gas liquids as defined in Subsection (11) and condensate as defined in Subsection (3). (b) "Natural gas" includes coalbed methane gas. (11) "Natural gas liquids" means hydrocarbons, regardless of gravity, that are separated from natural gas as liquids in gas processing plants through the process of condensation, absorption, adsorption, or other methods. (12) "Nonconsenting owner" means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a well or agree to bear the owner's proportionate share of the costs. (13) (a) "Oil" means crude oil, as defined in Subsection (5), condensate, as defined in Subsection (3), or any mixture of them. (b) "Oil" does not include, except as provided in Subsection (13)(c), any gaseous or liquid substance processed from coal, oil shale, or tar sands. (c) "Oil" includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). (14) "Oil and gas operations" means to explore for, develop, or produce oil and gas. (15) (a) "Oil and gas proceeds" means any payment that: (i) derives from oil and gas production from any well located in the state; (ii) is expressed as a right to a specified interest in the: (A) cash proceeds received from the sale of the oil and gas; or (B) the cash value of the oil and gas; and (iii) is subject to any tax withheld from the payment pursuant to law. (b) "Oil and gas proceeds" includes a royalty interest, overriding royalty interest, production payment interest, or working interest. (c) "Oil and gas proceeds" does not include a net profits interest or other interest the extent of which cannot be determined with reference to a specified share of: (i) the cash proceeds received from the sale of the oil and gas; or (ii) the cash value of the oil and gas. (16) "Operator" means a person who has been designated by the owners or the board to operate a well or unit. (17) (a) "Other gas" means nonhydrocarbon gases that: (i) occur naturally in the gaseous phase in the reservoir; or (ii) are injected into the reservoir in connection with pressure maintenance, gas cycling, or other secondary or enhanced recovery projects. (b) "Other gas" includes hydrogen sulfide, carbon dioxide, helium, and nitrogen. (18) "Owner" means a person who has the right: (a) to drill into and produce from a reservoir; and (b) to appropriate the oil and gas produced for that person or for that person and others. (19) "Payor" means the person who undertakes to distribute oil and gas proceeds to the persons entitled to them, whether as the first purchaser of that production, as operator of the well from which the production was obtained, or as lessee under the lease on which royalty is due. (20) "Person" means the same as that term is defined in Section 68-3-12.5 and includes an operator or owner as used in this chapter. (21) "Pool" means an underground reservoir containing a common accumulation of oil or gas or both. Each zone of a general structure that is completely separated from any other zone in the structure is a separate pool. "Common source of supply" and "reservoir" are synonymous with "pool." (22) "Pooling" means the bringing together of separately owned interests for the common development and operation of a drilling unit. (23) (a) "Pore space" means subsurface porous material possessing free space, naturally or artificially created, between the mineral grains. (b) "Pore space": (i) is expressed as a percentage; and (ii) depends on the size and sorting of the subsurface material's particles as a cubic or hexagonic package. (c) "Pore space" does not include void or cavern space created by the removal of minerals in the course of solution mining or other mining operations. (24) "Producer" means the owner or operator of a well capable of producing oil and gas. (25) "Product" means any commodity made from oil and gas. (26) "Surface land" means privately owned land: (a) overlying privately owned oil and gas resources; (b) upon which oil and gas operations are conducted; and (c) owned by a surface land owner. (27) (a) "Surface land owner" means a person who owns, in fee simple absolute, all or part of the surface land as shown by the records of the county where the surface land is located. (b) "Surface land owner" does not include the surface land owner's lessee, renter, tenant, or other contractually related person. (28) "Surface land owner's property" means a surface land owner's: (a) surface land; (b) crops on the surface land; and (c) existing improvements on the surface land. (29) "Surface use agreement" means an agreement between an owner or operator and a surface land owner addressing: (a) the use and reclamation of surface land owned by the surface land owner; and (b) compensation for damage to the surface land caused by oil and gas operations that result in: (i) loss of the surface land owner's crops on the surface land; (ii) loss of value of existing improvements owned by the surface land owner on the surface land; and (iii) permanent damage to the surface land. (30) "Waste" means: (a) the inefficient, excessive, or improper use or the unnecessary dissipation of oil or gas or reservoir energy; (b) the inefficient storing of oil or gas; (c) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes: (i) a reduction in the quantity of oil or gas ultimately recoverable from a reservoir under prudent and economical operations; (ii) unnecessary wells to be drilled; or (iii) the loss or destruction of oil or gas either at the surface or subsurface; or (d) the production of oil or gas in excess of: (i) transportation or storage facilities; or (ii) the amount reasonably required to be produced as a result of the proper drilling, completing, testing, or operating of a well or otherwise utilized on the lease from which it is produced.
Utah Code § 40-2-403 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-403
§ 40-2-403. Certificate by endorsement.
Status: in_force

(1) As used in this section, "license" means an authorization that permits the holder to engage in the practice of an occupation described in Section 40-2-402. (2) Subject to Subsections (4) through (6), the commission shall issue a certificate described in Section 40-2-401 to an applicant who has been licensed in another state, district, or territory of the United States if: (a) the commission determines that the license issued by the other state, district, or territory encompasses a similar scope of practice as the certificate; (b) the applicant has at least one year of experience practicing under the license issued in the other state, district, or territory; and (c) the applicant's license is in good standing in the other state, district, or territory. (3) Subject to Subsections (4) through (6), the commission may issue a certificate described in Section 40-2-401 to an applicant who: (a) has been licensed in another state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) (A) the commission determines that the applicant's education, experience, and skills demonstrate competency in the occupation for which certification is sought; and (B) the applicant has at least one year of experience practicing under the license issued in the other state, district, territory, or jurisdiction; or (ii) the commission determines that the licensure requirements of the other state, district, territory, or jurisdiction at the time the license was issued were substantially similar to the requirements for the certificate; or (b) has never been licensed in a state, district, or territory of the United States, or in a jurisdiction outside of the United States, if: (i) the applicant was educated in or obtained relevant experience in a state, district, or territory of the United States, or a jurisdiction outside of the United States; and (ii) the commission determines that the education or experience was substantially similar to the education or experience requirements for the certificate. (4) The commission may refuse to issue a certificate to an applicant under this section if: (a) the commission determines that there is reasonable cause to believe that the applicant is not qualified to receive the certificate; or (b) the applicant has a previous or pending disciplinary action related to the applicant's other license. (5) Before the commission issues a certificate to an applicant under this section, the applicant shall: (a) pay a fee determined by the commission under Section 63J-1-504; and (b) produce satisfactory evidence of the applicant's identity, qualifications, and good standing in the occupation for which certification is sought. (6) The commission may make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, prescribing the administration and requirements of this section.
Utah Code § 40-8-7 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-7
§ 40-8-7. Board and division -- Authority.
Status: in_force

(1) The board and the division may require: (a) that a notice of intention for all mining operations be filed with, and approved by, the division, before the mining operation commences or continues pursuant to Sections 40-8-13 and 40-8-23; (b) the reclamation of lands affected by mining operations after the effective date of this chapter having due regard for innate differences in mineral deposits; (c) for mining operations, including small mining operations, the furnishing and maintenance of reasonable surety to guarantee that the land affected is reclaimed according to approved plans consistent with on-site conditions; (d) that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel as required under Section 40-8-13; (e) that the operator pay legally determined public liability and property damage claims resulting from mining operations; (f) that every operator who conducts mining operations in the state maintain suitable records and make periodic reports to the division as required under this chapter; (g) that with respect to all mining operations, a notice of intention is filed with and, if required by this chapter, approved by the division before any such mining operations are commenced or continued pursuant to Section 40-8-23; (h) the suspension of mining operations in an emergency situation; (i) the payment of fixed, uniform, and nonescalating permit fees; or (j) that mining operations be conducted to minimize or prevent hazards to public health and safety. (2) No rule established by the board with respect to mined land reclamation shall have retroactive effect on existing reclamation plans included as a part of an approved notice of intention to commence mining operations which was approved prior to the effective date of the rule. (3) The board may promulgate rules relating to the surety for mining operations in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
Utah Code § 40-6-14.5 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-14.5
§ 40-6-14.5. Oil and Gas Conservation Account created -- Contents -- Use of account money.
Status: in_force

(1) There is created within the General Fund a restricted account known as the Oil and Gas Conservation Account. (2) The contents of the account shall consist of: (a) revenues from the fee levied under Section 40-6-14, including any penalties or interest charged for delinquent payments; and (b) interest and earnings on account money. (3) Account money shall be used to pay for: (a) the administration of this chapter in addition to money from the Division of Oil, Gas, and Mining Restricted Account, created in Section 40-6-23; (b) the plugging and reclamation of abandoned oil or gas wells or bore, core, or exploratory holes for which: (i) there is no reclamation surety; or (ii) the forfeited surety is insufficient for plugging and reclamation; and (c) public educational programs designed to increase knowledge of mineral and petroleum resources and industries. (4) Priority in the use of the money shall be given to paying for the administration of this chapter. (5) Appropriations made in accordance with Subsections (3)(b) and (c) are nonlapsing. (6) (a) The balance of the Oil and Gas Conservation Account at the end of a fiscal year may not exceed 100% of the fiscal year appropriation for Subsection (3)(a). (b) Any excess money at the end of the fiscal year above the balance limit established in Subsection (6)(a) shall be transferred to the General Fund.
Utah Code § 40-10-10 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-10
§ 40-10-10. Permit application fee -- Submission of application and reclamation plan -- Determinations, tests, and samplings -- Filing of application -- Insurance required -- Blasting plan.
Status: in_force

(1) Each application for a surface coal mining and reclamation permit under the provisions of this chapter shall be accompanied by a fee as determined by the division. The fee specified in this Subsection (1) may not exceed the cost by the division to process and review the application. (2) (a) The permit application and the reclamation plan submitted as part of a permit application shall be submitted in the manner, form, and with the content specified by the division in its rules, and shall include the names and addresses of: (i) the permit applicant; (ii) every legal owner of record of the surface and mineral estate to be mined; (iii) the holders, of record, of any leasehold interest in the property; (iv) any purchaser, of record, of the property under a real estate contract; (v) the operator, if he is a person different from the applicant; and (vi) the names and addresses of the principals, officers, and resident agent for service of process, if any of these are business entities other than a single proprietor. (b) (i) A permit application shall include: (A) an accurate map or plan, to an appropriate scale, clearly showing the land to be affected as of the date of the application, and the area of land within the permit area upon which the applicant has the legal right to enter and commence surface mining operations; and (B) a statement of those documents upon which the applicant bases his legal right to enter and commence surface mining operations on the area affected, and whether that right is the subject of pending court litigation. (ii) This chapter may not be construed as vesting in the division the jurisdiction to adjudicate property title disputes. (c) (i) A permit application shall also include a: (A) determination of the probable hydrologic consequences of the mining and reclamation operations, both on and off the mine site with respect to the hydrologic regime; (B) determination of the quantity and quality of water in surface and groundwater systems, including the dissolved and suspended solids under seasonal flow conditions; and (C) collection of sufficient data for the mine site and surrounding areas so that an assessment can be made by the division of the probable cumulative impacts of all anticipated mining in the area upon the hydrology of the area and, particularly, upon water availability. (ii) The determination required under Subsection (2)(c)(i) shall not be required until the hydrologic information on the general area prior to mining is made available from an appropriate federal or state agency. (iii) The permit shall not be approved until the information required under this section is available and is incorporated into the application. (d) (i) A permit application will also include the following information: (A) the result of test borings or core samplings from the permit area, including logs of the drill holes; (B) the thickness of the coal seam found; (C) an analysis of the chemical properties of the coal; (D) the sulfur content of any coal seam; (E) chemical analysis of potentially acid or toxic-forming sections of the overburden; and (F) chemical analysis of the stratum lying immediately underneath the coal to be mined. (ii) Application requirements of Subsection (2)(d)(i) may be waived by the division if there is a written determination that these requirements are unnecessary. (3) (a) If the division finds that the probable total annual production at all locations of a coal surface mining operator will not exceed 300,000 tons, and if funding is available under the Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. Sec. 1201 et seq., the cost of the following activities shall be paid by the division, upon the written request of the operator in connection with a permit application: (i) the determination of probable hydrologic consequences required by Subsection (2)(c), including the engineering analyses and designs necessary for the determination; (ii) the development of cross-section maps and plans of the land to be affected, including the area to be mined; (iii) the geologic drilling and statement of results of test borings and core samplings required by Subsection (2)(d); (iv) the collection of archaeological and historical information required by the division, and the preparation of those plans; (v) preblast surveys required by Subsection 40-10-17(2)(o); and (vi) the collection of site-specific resource information and production of protection and enhancement plans for fish and wildlife habitats and other environmental values required by the division under this act. (b) The activities specified in Subsection (3)(a) shall be performed by a qualified public or private laboratory or other qualified public or private entity designated by the division. (c) A coal operator who has received assistance pursuant to this Subsection (3) shall reimburse the division for the cost of the services rendered, if the division finds that the operator's actual and attributed annual production of coal for all locations exceeds 300,000 tons during the 12 months immediately following the date on which the operator is issued the surface coal mining and reclamation permit. (4) (a) Information pertaining to coal seams, test borings, core samplings, or soil samples or other equivalent information, as required by this section, shall be made available to a person whose interest is, or may be, adversely affected. (b) Information which pertains only to the analysis of the chemical and physical properties of the coal, except information regarding any mineral or elemental content which is potentially toxic to the environment, shall be kept confidential and not made a matter of public record. (5) An applicant for a surface coal mining and reclamation permit shall file a copy of the application for public inspection with the county clerk of the county, or an appropriate public office approved by the division where the mining is proposed to occur, except for information pertaining to the coal seam itself. (6) (a) An applicant for a permit shall be required to submit to the division as part of the permit application a certificate issued by an insurance company, authorized to do business in the state, certifying that the applicant has a public liability insurance policy in force for the surface mining and reclamation operation for which the permit is sought, or evidence that the applicant has satisfied other state or federal self-insurance requirements. (b) The policy shall: (i) provide for personal injury and property damage protection in an amount adequate to compensate any persons damaged as a result of surface coal mining and reclamation operations, including the use of explosives, and entitled to compensation under the applicable provisions of state law; and (ii) be maintained in full force and effect during the terms of the permit or any renewal, including the length of all reclamation operations. (7) An applicant for a surface coal mining and reclamation permit shall submit to the division, as part of the permit application, a blasting plan which shall outline the procedures and standards by which the operator will meet the provisions of Subsection 40-10-17(2)(o).
Utah Code § 40-10-7 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-7
§ 40-10-7. Financial interest in mining operation prohibited -- Penalty -- Enforcement -- Quorum for board hearings.
Status: in_force

(1) No employee of the division performing any function or duty under this chapter shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both. The division shall adopt rules to establish methods by which the provisions of this subsection will be monitored and enforced by the division, including appropriate provisions for filing by these employees and the review of statements and supplements to same concerning any financial interest which may be affected by this section. (2) For the purpose of holding hearings under this chapter, a quorum of the board shall consist of those members or member who has no conflict of interest as set out in Public Law 95-87 and the rules and regulations adopted under it.
Utah Code § 40-1-12 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-12
§ 40-1-12. Damages for wrongful removal of ores.
Status: in_force

When damages are claimed for the extraction or selling of ore from any mine or mining claim and the defendant, or those under whom the defendant claims, holds, under color of title adverse to the claims of the plaintiff, in good faith, then the reasonable value of all labor bestowed or expenses incurred in necessary developing, mining, transporting, concentrating, selling or preparing said ore, or its mineral content, for market, must be allowed as an offset against such damages; provided, however, that any person who, wrongfully entering upon any mine or mining claim and carrying away ores therefrom, or wrongfully extracting and selling ores from any mine, having knowledge of the existence of adverse claimants in any mine or mining claim, and without notice to them, knowingly and willfully trespasses in or upon such mine or mining claim and extracts or sells ore therefrom shall be liable to the owners of such ore for three times the value thereof without any deductions either for labor bestowed or expenses incurred in removing, transporting, selling or preparing said ore, or its mineral content for market.
Utah Code § 40-2-203 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-203
§ 40-2-203. Mine Safety Technical Advisory Council created -- Duties.
Status: in_force

(1) Within the office there is created the "Mine Safety Technical Advisory Council" consisting of 13 voting members and five nonvoting members as provided in this section. (2) (a) The commissioner shall appoint the voting members of the council as follows: (i) one individual who represents a coal miner union; (ii) two individuals with coal mining experience; (iii) two individuals who represent coal mine operators; (iv) one individual who represents an industry trade association; (v) two individuals from local law enforcement agencies or emergency medical service providers; (vi) three individuals who have expertise in one or more of the following: (A) seismology; (B) mining engineering; (C) mine safety; or (D) another related subject; and (vii) two individuals from entities that provide mine safety training. (b) The nonvoting members of the council are: (i) the commissioner or the commissioner's designee; (ii) the executive director of the Department of Natural Resources or the executive director's designee; (iii) the commissioner of the Department of Public Safety or the commissioner's designee; (iv) a representative of the Mine Safety and Health Administration selected by the Mine Safety and Health Administration; and (v) a representative of the federal Bureau of Land Management selected by the federal Bureau of Land Management. (3) (a) Except as required by Subsection (3)(b), a voting member shall serve a four-year term beginning July 1 and ending June 30. (b) Notwithstanding the requirements of Subsection (3)(a), the commission shall, at the time of appointment of the initial voting members of the council, adjust the length of terms of the voting members to ensure that the terms of voting members are staggered so that approximately half of the voting members are appointed every two years. (4) (a) The commissioner shall terminate the term of a voting member who ceases to be representative as designated by the voting member's original appointment. (b) If a vacancy occurs in the voting members, the commissioner shall appoint a replacement for the unexpired term after soliciting recommendations from the council members. (5) (a) The council shall meet at least quarterly. (b) A majority of the voting members constitutes a quorum. (c) A vote of the majority of the members of the council when a quorum is present constitutes an action of the council. (6) (a) The commissioner or the commissioner's designee is the chair of the council. (b) The commission shall staff the council. (7) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with: (a) Section 63A-3-106; (b) Section 63A-3-107; and (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107. (8) The council shall advise and make recommendations to the commission, the office, and the Legislature regarding: (a) safety of coal mines located in Utah; (b) prevention of coal mine accidents; (c) effective coal mine emergency response; (d) coal miner certification and recertification; and (e) other topics reasonably related to safety of coal mines located in Utah.
Utah Code § 40-10-15 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-15
§ 40-10-15. Performance bond -- Duration of liability under bond -- Cash deposit or securities in lieu of bond -- Surety -- Adjustment of amount.
Status: in_force

(1) After a surface coal mining and reclamation permit application has been approved but before the permit is issued, the applicant shall file with the division on a form prescribed and furnished by the division, a bond for performance which is payable to the state and the United States, if appropriate, which is conditioned on faithful performance of all the requirements of this chapter and the permit. The bond shall cover that area of land within the permit area upon which the operator will initiate and conduct surface coal mining and reclamation operations within the initial term of the permit. As succeeding increments of surface coal mining and reclamation operations are to be initiated and conducted within the permit area, the permittee shall file with the division an additional bond or bonds to cover these increments in accordance with this section. The amount of the bond required for each bonded area shall depend upon the reclamation requirements of the approved permit; shall reflect the probable difficulty of reclamation, giving consideration to such factors as topography, geology of the site, hydrology, and revegetation potential; and shall be determined by the division. The amount of the bond shall be sufficient to assure the completion of the reclamation plan if the work had to be performed by the division in the event of forfeiture and in no case shall the bond for the entire area under one permit be less than $10,000. (2) Liability under the bond shall be for the duration of the surface coal mining and reclamation operation and for a period coincident with the operator's responsibility for revegetation requirements in Section 40-10-17. The bond shall be executed by the operator and a corporate surety licensed to do business in the state, except that the operator may elect to deposit cash, negotiable bonds of the United States government, or negotiable certificates of deposit of any bank organized or transacting business in the United States. The cash deposit or market value of the securities shall be equal to or greater than the amount of the bond required for the bonded area. (3) The division may accept the bond of the applicant itself without separate surety when the applicant demonstrates to the satisfaction of the division the existence of a suitable agent to receive service of process and a history of financial solvency and continuous operation sufficient for authorization to self-insure or bond the amount. (4) Cash or securities so deposited shall be deposited upon the same terms as the terms upon which surety bonds may be deposited. The securities shall be security for the repayment of the negotiable certificate of deposit. (5) The amount of the bond, surety, or deposit required and the terms of each acceptance of the applicant's bond shall be adjusted by the division from time to time as affected land acreages are increased or decreased or where the cost of future reclamation changes.
Utah Code § 40-10-28.1 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-28.1
§ 40-10-28.1. Certification of completion of coal reclamation.
Status: in_force

(1) The governor may certify to the secretary of the United States Department of Interior that all of the priorities stated in Subsection 40-10-25(2) for the eligible lands and waters specified in Subsection 40-10-25(3) have been achieved. (2) (a) If the secretary concurs with the certification made by the governor, Subsection 40-10-25(3) does not apply for the purpose of determining the eligibility of lands and waters for annual grants, and, except as provided in Subsection (2)(b), eligible lands, waters, and facilities are those: (i) which were mined or processed for minerals or which were affected by mineral mining or processing; (ii) abandoned or left in an inadequate reclamation status prior to August 3, 1977; and (iii) for which there is no continuing reclamation responsibility under state or other federal laws. (b) In determining the eligibility of federal lands, water, and facilities under the jurisdiction of the Forest Service or Bureau of Land Management, in lieu of the August 3, 1977, date referred to in Subsection (2)(a), the applicable dates shall be August 28, 1974, and November 26, 1980, respectively. (3) Expenditures of money for lands, waters, and facilities referred to in Subsection (2) shall reflect the following objectives and priorities in the order stated, instead of the priorities set forth in Subsection 40-10-25(2): (a) the protection of public health, safety, general welfare, and property from extreme danger of adverse effects of mineral mining and processing practices; (b) the protection of public health, safety, and general welfare from adverse effects of mineral mining and processing practices; and (c) the restoration of land and water resources and the environment previously degraded by the adverse effects of mineral mining and processing practices. (4) Sites and areas designated for remedial action pursuant to the Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. 7901 et seq., or which have been listed for remedial action pursuant to the Comprehensive Environmental Response Compensation and Liability Act of 1980, 42 U.S.C. 9601 et seq., are not eligible for expenditures from the fund under this section. (5) The following projects may be undertaken if they relate to the priorities stated in Subsection (3): (a) reclamation projects involving the protection, repair, replacement, construction, or enhancement of utilities, such as those relating to water supply or roads, or other facilities serving the public that are adversely affected by mineral mining and processing practices; or (b) the construction of public facilities in communities impacted by coal or other mineral mining and processing practices. (6) Notwithstanding Subsection (5), if the secretary concurs in the certification referenced in Subsection (1) and if the governor determines there is a need for activities or construction of specific public facilities related to the coal or minerals industry in an area impacted by coal or minerals development and the secretary concurs in this need, then the division may use annual grants made available under Subsection 40-10-25(1) to carry out these activities or construction. (7) Sections 40-10-27 and 40-10-28, which govern the reclamation of abandoned coal mines, shall also apply to the reclamation of abandoned mineral operations.
Utah Code § 40-13-201 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-201
§ 40-13-201. Board authority -- Rulemaking.
Status: in_force

(1) The board has jurisdiction and authority over: (a) a person or property necessary to administer and enforce this chapter; and (b) the drilling for and production of brine for the extraction of dissolved minerals or other chemical substances contained in the brine. (2) The board shall establish fees in accordance with Section 63J-1-504, in an amount to pay the costs to the board and division of the permitting process. (3) The board may: (a) adjudicate multiple mineral development conflicts resulting from brine mining operations; (b) make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to mitigate multiple mineral development conflicts; and (c) enforce a board's multiple mineral development order as set forth in Subsection 40-13-202(4). (4) An approval granted under this chapter does not relieve the necessity of obtaining an order, permit, license, consent, water right, or authorization required under any other statute. (5) The board may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and issue orders to: (a) regulate activities relating to brine mining operations; (b) protect correlative rights and prevent waste; (c) form and modify brine production drilling units and brine field units; (d) regulate the spacing of brine wells for the production of brine and injection wells for the introduction of effluent into a reservoir; (e) ensure that the drilling, casing, and plugging of a brine well is done in such a manner as to prevent: (i) the unauthorized escape of brine or effluent from one formation to another; (ii) the unapproved intrusion of brine and effluent into an oil or gas reservoir; (iii) the pollution of fresh water supplies throughout the state; and (iv) blowouts, caving, or seepage; (f) subject to Subsection (6), prevent brine well construction and related regulated activities without an adequate and approved supply of water for the drilling and completion of the brine well and authorization of the state engineer in the Division of Water Rights for brine production from the brine well as required by Title 73, Chapter 3, Appropriation; (g) regulate the storage, refining, or processing of brine and effluent; (h) require the making of reports showing: (i) the location of brine wells used for production; (ii) the location of injection wells used for disposal; and (iii) the filing of well logs, production reports, and drilling records for the wells described in this Subsection (5)(h); (i) require the return of effluent to the same formation from which the brine was produced unless the board authorizes the disposal of effluent into one or more other formations upon finding that neither underground damage nor waste results from the disposal; (j) identify the ownership of: (i) a brine well; (ii) an injection well; (iii) pipelines; and (iv) a facility for the production, storage, treatment, transportation, refining, or processing of brine; (k) regulate the introduction or injection of effluent and other substances into a reservoir; (l) require the furnishing of reasonable surety to guarantee that the operator shall: (i) plug each abandoned brine well; (ii) repair each brine well leaking or causing waste; and (iii) maintain and reclaim the site; (m) exercise continuing jurisdiction: (i) over brine mining operations; (ii) to amend a permit; or (iii) to revoke a permit after notice and hearing; (n) require operators to keep and maintain complete and accurate records of the quantities of brine produced, sold, purchased, acquired, stored, transported, refined, and processed, and effluent injected for a period of at least six years; (o) formulate rules for the proper transportation of brine from the producing brine wells to the plant and from the plant to the injection wells and for the maintenance and surveillance of the transportation facilities; and (p) when brine mining uses produced water, resolve issues related to conflicting correlative rights between the correlative rights established under Chapter 6, Board and Division of Oil, Gas, and Mining, and the correlative rights established under Part 3, Brine Production Drilling Units, Pooling, or Fields, by: (i) subordinating conflicting correlative rights under this chapter to the correlative rights established under Chapter 6, Board and Division of Oil, Gas, and Mining; and (ii) establishing a procedure before the board for addressing and resolving conflicts related to conflicting correlative rights. (6) (a) Subsection (5)(f) does not impose additional legal requirements but is enacted to ensure that legal requirements concerning the use of water have been met before the commencement of drilling. (b) This chapter does not: (i) override, substitute, or modify a water right within the state; or (ii) modify the statutory enforcement and other duties of the state engineer under Title 73, Water and Irrigation.
Utah Code § 40-2-303 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-303
§ 40-2-303. Annual report on coal mine safety.
Status: in_force

(1) By October 1 of each year, the commission, office, and council shall compile and submit to the governor and the Legislature a comprehensive report of the status of coal mine safety within the state for the immediately preceding calendar year. (2) The report required by this section shall include: (a) a compilation of major coal mine accidents or other coal mine emergencies within the state during the calendar year; (b) a statement of actions by the commission, office, or council to implement this chapter; (c) without a breach in confidentiality, a summary of reports of alleged unsafe conditions received by the office, with a statement of the office's responses; (d) recommendations for additional action to promote coal mine safety; and (e) any other items the commission, office, and council consider appropriate.
Utah Code § 40-8-11 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-11
§ 40-8-11. Budget of administrative expenses -- Procedure -- Division authority to appoint or employ consultants.
Status: in_force

(1) The division, with the approval of the board, shall prepare a budget of the administrative expenses in carrying out the provisions of this act for the fiscal year next following the convening of the Legislature. This budget shall be submitted to the executive director of the Department of Natural Resources for inclusion in the governor's appropriation request to the Legislature. (2) The division shall have authority to appoint or employ technical support or consultants in the pursuit of the objectives of this act and shall be responsible for coordination with other agencies in matters relating to mined land reclamation and the application of related laws.
Utah Code § 40-2-205 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-205
§ 40-2-205. Utah Research Institute for Mine Safety and Productivity -- Designation -- Duties.
Status: in_force

(1) As used in this section, "institute" means the University of Utah Center for Mining Safety and Health Excellence, designated as the Utah Research Institute for Mine Safety and Productivity in Subsection (2). (2) The University of Utah Center for Mining Safety and Health Excellence is designated as the Utah Research Institute for Mine Safety and Productivity. (3) In coordination with the council, the institute may: (a) organize symposia, presentations, or other academic meetings; and (b) identify and propose research projects on topics related to mining safety and productivity.
Utah Code § 40-11-10 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-10
§ 40-11-10. Amalgamation of interests -- Board may order amalgamation -- Payment of costs and interests -- Accounting.
Status: in_force

(1) Two or more owners of contiguous pore space may bring together the owners' interests for the development of a storage facility. (2) (a) In the absence of a written agreement for amalgamation, including a joint operating agreement, the board may enter an order combining all interests in the contiguous pore space for the development of a storage facility. (b) The order shall be made upon terms and conditions that are just and reasonable. (c) The board may adopt terms appearing in a joint operating agreement: (i) for the storage facility that is in effect between the consenting owners; (ii) submitted by any party to the proceeding; or (iii) submitted by the board on the board's own motion. (3) Operations incident to the construction or operation of a storage facility upon any portion of an area included in an amalgamation order shall be deemed for all purposes to be the conduct of the operations upon each separately owned tract in the area by the several orders. (4) (a) (i) Each amalgamation order shall provide for the payment of just and reasonable costs incurred in the construction and operation of the storage facility, including: (A) the costs of constructing, marketing, completing, and operating the storage facility; (B) reasonable charges for the administration and supervision of operations; and (C) other costs customarily incurred in the industry. (ii) An owner is not liable under an amalgamation order for costs or losses resulting from the gross negligence or willful misconduct of the operator. (b) Each amalgamation order shall provide for reimbursement to the consenting owners for any nonconsenting owner's share of the costs of operation of the storage facility attributable to the nonconsenting owner's tract. (c) Each amalgamation order shall provide that each consenting owner shall own and be entitled to receive, subject to taxes, fees, fines, and other obligations: (i) the share of the profits of the storage facility applicable to the consenting owner's interest in the storage facility; and (ii) unless the consenting owner has agreed otherwise, the consenting owner's proportionate part of the nonconsenting owner's share of the profits until the recovery of costs provided for in Subsection (4)(d). (d) (i) Each amalgamation order shall provide that each nonconsenting owner shall be entitled to receive, subject to obligations, the share of the profits from the storage facility applicable to the nonconsenting owner's interest in the storage facility after the consenting owners have recovered from the nonconsenting owner's share of the profits the following amounts less any cash contributions the nonconsenting owner has made: (A) 100% of the nonconsenting owner's share of the cost of storage facility construction and maintenance; (B) 100% of the nonconsenting owner's share of the estimated cost to close the storage facility as the board determines; (C) 100% of the nonconsenting owner's share of the cost of operation of the storage facility commencing with the first injection of carbon dioxide and continuing until the consenting owners have recovered all costs; and (D) 100% of the nonconsenting owner's share of the costs of preparing the storage facility, rights-of-way, and equipment. (ii) The nonconsenting owner's share of the costs specified in Subsection (4)(d)(i) is that interest which would have been chargeable to the nonconsenting owner had the nonconsenting owner initially agreed to pay the nonconsenting owner's share of the costs of the storage facility from commencement of the operation. (iii) The board may include a reasonable interest charge if the board finds it appropriate. (e) The board shall determine the proper costs to resolve any dispute about costs. (5) The operator of a storage facility under an amalgamation order in which there is a nonconsenting owner shall furnish the nonconsenting owner with monthly statements specifying: (a) costs incurred; and (b) profit realized. (6) Each amalgamation order shall provide that when the consenting owners recover from a nonconsenting owner's relinquished interest the amounts provided for in Subsection (4)(d): (a) the relinquished interest of the nonconsenting owner shall automatically revert to the nonconsenting owner; (b) the nonconsenting owner shall from that time: (i) own the same interest in the storage facility; and (ii) be liable for the further costs of the operation as if the nonconsenting owner had participated in the initial drilling and operations; and (iii) costs are payable out of profits unless otherwise agreed between the nonconsenting owner and the operator. (7) Each amalgamation order shall provide that in any circumstance where the nonconsenting owner has relinquished the nonconsenting owner's share of profits to consenting owners or at any time fails to take the nonconsenting owner's share of benefits when the nonconsenting owner is entitled to do so, the nonconsenting owner is entitled to: (a) an accounting of the profits applicable to the nonconsenting owner's relinquished share of the storage facility; and (b) payment of the profits applicable to that share of the profits not taken in-kind, net of costs. (8) A nonconsenting owner who does not take the nonconsenting owner's share of the profits is not liable for the costs described in Subsection (4)(d) and is not liable for any actions the operator takes with respect to the storage facility.
Utah Code § 40-2-301 — Utah Code / Title 40 / Chapter 40-2 / § 40-2-301
§ 40-2-301. Commission and office responsibilities.
Status: in_force

(1) The commissioner shall: (a) direct the state's efforts to promote coal mine safety; and (b) participate with the Mine Safety and Health Administration in an investigation of a major coal mine accident in Utah. (2) The commission shall establish by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act: (a) a system consistent with Section 40-2-302 to receive, evaluate, and act on a report of an alleged unsafe condition at a coal mine; and (b) requirements for a coal mine operator regarding notification of a coal mine accident as part of a coal mine operator's emergency response plan. (3) The office may: (a) conduct one or more studies to promote coal mine safety; (b) cooperate with educational and other organizations to promote mining engineering and mine safety training; (c) establish a cooperative relationship with the Mine Safety and Health Administration to promote coal mine safety in Utah; (d) serve as the lead state agency in developing and implementing state and local response and communication plans for major coal mine accidents in Utah; and (e) implement the notification requirements established under Subsection (2)(b).
Utah Code § 40-8-13 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-13
§ 40-8-13. Notice of intention required before mining operations -- Assurance of reclamation required in notice of intention -- When contents confidential -- Approval of notice of intention not required for small mining operations -- Procedure for reviewing notice of intention.
Status: in_force

(1) (a) Before any operator begins mining operations, or continues mining operations pursuant to Section 40-8-23, the operator shall file a notice of intention for each individual mining operation with the division. (b) The notice of intention referred to in Subsection (1)(a) shall include: (i) identification of the owners of any interest in a mineral deposit, including any ownership interest in surface land affected by the notice; (ii) copies of underground and surface mine maps; (iii) locations of drill holes; (iv) accurate area maps of existing and proposed operations; and (v) information regarding the amount of material extracted, moved, or proposed to be moved, relating to the mining operation. (c) The notice of intention for small mining operations shall include a statement that the operator shall conduct reclamation as required by rules promulgated by the board. (d) The notice of intention for large mining operations shall include a plan for reclamation of the lands affected as required by rules promulgated by the board. (2) The division may require that the operator rehabilitate, close, or mitigate the impacts of each drill hole, shaft, or tunnel when no longer needed as part of the mining operation. (3) Information provided in the notice of intention, and its attachments relating to the location, size, or nature of the deposit that is marked confidential by the operator shall be protected as confidential information by the board and the division and is not a matter of public record unless the board or division obtains a written release from the operator, or until the mining operation has been terminated as provided in Subsection 40-8-21(2). (4) (a) Subject to Subsection (6) for large mining operations, within 30 days from the receipt of a notice of intention, the division shall complete its review of the notice of intention and shall make further inquiries, inspections, or examinations that are necessary to properly evaluate the notice of intention. (b) The division shall notify the operator of any objections to the notice of intention and shall grant the operator a reasonable opportunity to take action that may be required to remove the objections or obtain a ruling relative to the objections from the board. (5) Except for the form and amount of surety, an approval of a notice of intention for small mining operations is not required. (6) (a) The notice of intention for large mining operations shall be reviewed as provided in this Subsection (6). (b) (i) Within 30 days after receipt of a notice of intention for a large mining operation, the division shall complete the division's review of the notice of intention for completeness and notify the operator in writing that the notice of intention: (A) is complete because the notice of intention is in a form approved by the division on which the operator provides a substantive response to each applicable request for information; or (B) is incomplete. (ii) If the notice of intention is incomplete, the division shall give the operator a reasonable opportunity to take action required to complete the notice of intention. (c) Within five business days of the day on which the division notifies the operator under Subsection (6)(b) that a notice of intention is complete, the division shall: (i) submit for publication notice of the notice of intention and an opportunity for public comment: (A) one time in the newspapers of general circulation published in the county where the land affected is situated; and (B) one time in a newspaper of general circulation in Salt Lake City, Utah; (ii) publish notice of the notice of intention and an opportunity for public comment: (A) on a public legal notice website as required in Section 45-1-101; and (B) on the division's public website; and (iii) mail notice of the notice of intention to: (A) the zoning authority of the county or municipality where the land affected is situated; and (B) the owner of record of the land affected. (d) (i) The division shall accept public comment on a complete notice of intention for 30 days from the day on which notice is posted on the public legal notice website described in Subsection (6)(c)(ii)(A). (ii) The division shall include with a notice published under Subsection (6)(c)(ii), an electronic link by which a person may electronically submit public comment in the form and manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (iii) If a person wants to submit public comment through the mail, the person shall submit the public comment in writing in the form and manner required by rule made by the board in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (iv) Only a person, municipality, or county who submits a timely, substantive public comment during the public comment period is eligible to seek intervention in a review proceeding for the division's final permit order on the notice of intention for a large mining operation. (e) (i) Within 15 days after the close of public comment under Subsection (6)(d), the division shall review the public comments received and identify all substantive public comments. (ii) The division shall transmit a copy of the substantive public comments received to the operator and shall file a copy for public inspection at the division. (iii) The division may hold a public meeting to discuss issues raised by public comment. (iv) If the division determines that a public meeting is necessary, the division shall hold the public meeting within 45 days after the end of the period to review public comments under Subsection (6)(d). (f) (i) By no later than 30 days of the later of the following, the division shall take an action described in Subsection (6)(f)(ii): (A) the day on which time period under Subsection (6)(d) for accepting public comment ends; or (B) the day on which the division holds a public hearing under Subsection (6)(e). (ii) By no later than the day described in Subsection (6)(f)(i), the division shall: (A) approve the notice of intention; or (B) provide the operator written notice of any deficiency and grant the operator a reasonable opportunity to take an action that is required to remove the deficiency. (g) Upon approving a notice of intention, the division shall provide the operator notice of the approval and post a permit order approving the notice of intention on the division's public website. (7) An operator may convert a small mining operation to a large mining operation or may convert a large mining operation to a small mining operation by filing a notice of intention with the division requesting the conversion. The division shall review the notice of intention according to the procedures provided in this section for the resulting mining operation. (8) Within 30 days after receipt of a notice of intention concerning exploration operations, the division will review the notice of intention and approve or disapprove the notice of intention.
Utah Code § 40-11-6 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-6
§ 40-11-6. Permit application requirements.
Status: in_force

(1) A person applying for a permit shall: (2) (a) comply with: (i) the application requirements the board establishes through rule; and (ii) the application requirements described in this section; and (b) pay a fee, as established by the board in accordance with Subsections 40-11-3(4) and (5), to cover the administrative costs of considering an application for a permit and to pay the expenditures of money from the fund to accomplish the purposes of this chapter. (3) The board shall give priority to storage operators who apply for a permit to store carbon dioxide produced in Utah. (4) A permit application shall demonstrate: (a) that the storage operator has complied with all requirements established by the board in rule and in this chapter; (b) that the storage facility is suitable for carbon dioxide injection and storage; (c) that the carbon dioxide the storage operator will store is of a quality that allows the carbon dioxide to be safely and efficiently stored in the reservoir; (d) that the storage operator has made a good-faith effort to get the consent of all persons who own the storage reservoir's pore space; (e) that owners who own no less than 70% of the reservoir's pore space have provided written consent to the use of the owners' pore space for a storage facility; (f) whether the storage facility contains commercially valuable minerals; (g) if the storage facility contains commercially valuable minerals: (i) a plan for addressing the ownership interests of the mineral owners or mineral lessees; and (ii) a demonstration that the storage facility will not negatively impact the commercially valuable minerals; (h) that the storage reservoir meets the integrity requirements described in Section 40-11-13; (i) that the operator has taken reasonable steps to ensure that: (i) the storage facility will not endanger human health; (ii) the storage facility will not endanger the environment; (iii) the storage facility is in the public interest; (iv) the storage facility will not adversely affect surface water or formation containing fresh water; (v) carbon dioxide will not escape from the storage reservoir at a rate exceeding the lower of 1% or the standard recommended by the Environmental Protection Agency; and (vi) that substances that compromise the objectives of this chapter or the integrity of a reservoir will not enter the reservoir; (j) that the storage reservoir has defined horizontal and vertical boundaries; (k) that the boundaries of the storage reservoir include buffer areas to ensure the safe operation of the storage facility; (l) plans for monitoring the storage facility and procedures to assess the location and migration of carbon dioxide injected for storage; (m) plans to ensure compliance with geologic carbon storage statutes and rules; and (n) assurance that all nonconsenting pore space owners are or will be equitably compensated for the use of the pore space of the nonconsenting pore space owners in the storage facility.
Utah Code § 40-13-302 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-302
§ 40-13-302. Pooling of interests for the development and operation of a brine production drilling unit.
Status: in_force

(1) Two or more owners within a brine production drilling unit may bring together their interests for the development and operation of the brine production drilling unit. (2) (a) In the absence of a written agreement for pooling, including an operating agreement, the board may enter an order pooling all interests in the brine production drilling unit for the development and operation of the brine production drilling unit. (b) The board shall make the order upon terms and conditions that are just and reasonable. (c) The board may adopt terms appearing in an operating agreement: (i) for the brine production drilling unit that is in effect between the consenting owners; (ii) submitted by any party to the proceeding; or (iii) submitted by the board's own motion. (3) (a) Operations incident to the drilling of a brine well upon any portion of a brine production drilling unit covered by a pooling order are considered for all purposes to be the conduct of the brine mining operations upon each separately owned tract in the brine production drilling unit by the several owners. (b) The portion of the production allocated or applicable to a separately owned tract included in a brine production drilling unit covered by a pooling order shall, when produced, be considered for all purposes to have been produced from that tract by a brine well drilled on the tract. (4) (a) (i) A pooling order shall provide for the payment of just and reasonable costs incurred in the drilling and operating of the brine production drilling unit, including: (A) the costs of drilling, completing, equipping, producing, gathering, transporting, processing, marketing, and storage facilities; (B) reasonable charges for the administration and supervision of brine mining operations; and (C) other costs customarily incurred in the industry. (ii) An owner is not liable under a pooling order for costs or losses resulting from the gross negligence or willful misconduct of the operator. (b) A pooling order shall provide for reimbursement to the consenting owners for any nonconsenting owner's share of the costs out of production from the brine production drilling unit attributable to the nonconsenting owner's tract. (c) A pooling order shall provide that each consenting owner shall own and is entitled to receive, subject to royalty or similar obligations: (i) the share of the production of the brine well applicable to the consenting owner's interest in the brine production drilling unit; and (ii) unless the consenting owner has agreed otherwise, the consenting owner's proportionate part of the nonconsenting owner's share of the production until costs are recovered as provided in Subsection (4)(d). (d) (i) A pooling order shall provide that each nonconsenting owner is entitled to receive, subject to royalty or similar obligations, the share of the production of the brine well applicable to the nonconsenting owner's interest in the brine production drilling unit after the consenting owners have recovered from the nonconsenting owner's share of production the following amounts less any cash contributions made by the nonconsenting owner: (A) 100% of the nonconsenting owner's share of the cost of surface equipment beyond the wellhead connections, including stock tanks, separators, treaters, pumping equipment, and piping; (B) 100% of the nonconsenting owner's share of the estimated cost to plug and abandon the brine well as determined by the board; (C) 100% of the nonconsenting owner's share of the cost of brine mining operations of the brine well commencing with first production and continuing until the consenting owners have recovered all costs; and (D) 300% on the first brine well and 150% for each subsequent brine well of the nonconsenting owner's share of the costs of staking the location, wellsite preparation, rights-of-way, rigging up, drilling, reworking, recompleting, deepening or plugging back, testing, and completing, and the cost of equipment in the brine well to and including the wellhead connections. (ii) The nonconsenting owner's share of the costs specified in Subsection (4)(d)(i) is that interest that would have been chargeable to the nonconsenting owner had the nonconsenting owner initially agreed to pay the nonconsenting owner's share of the costs of the brine well from commencement of the brine mining operation. (iii) A reasonable interest charge may be included if the board finds the interest charge appropriate. (e) If there is a dispute about costs, the board shall determine the proper costs. (5) If a nonconsenting owner's tract in the brine production drilling unit is subject to a lease, mining claim, or contract for the development of minerals within the brine, the pooling order shall provide that the consenting owners shall pay any royalty interest or other interest in the tract not subject to the deduction of the costs of production from the production attributable to that tract. (6) (a) If a nonconsenting owner's tract in the brine production drilling unit is not subject to a lease, mining claim, or contract for the development of minerals within the brine production drilling unit, the pooling order shall provide that the nonconsenting owner shall receive as a royalty: (i) the acreage weighted average royalty based on each leased fee and privately owned tract within the brine production drilling unit, proportionately reduced by the percentage of the nonconsenting owner's interest in the brine production drilling unit; or (ii) if there is no leased fee or privately owned tract within the brine production drilling unit other than the one owned by the nonconsenting owner, 7-1/2% proportionately reduced by the percentage of the nonconsenting owner's interest in the brine production drilling unit. (b) The royalty shall be: (i) determined as of the day drilling is commenced; and (ii) paid from production attributable to each tract until the consenting owners have recovered the costs specified in Subsection (4)(d). (7) Once the consenting owners have recovered the costs, as described in Subsection (6)(b)(ii), the royalty is merged back into the nonconsenting owner's working interest and is terminated. (8) The operator of a brine well under a pooling order in which there is a nonconsenting owner shall furnish the nonconsenting owner with monthly statements specifying: (a) costs incurred; (b) the total volume of production of brine and the volumes extracted therefrom; and (c) the amount of brine proceeds realized from the sale of the production during the preceding month. (9) A pooling order shall provide that when the consenting owners recover from a nonconsenting owner's relinquished interest the amounts provided for in Subsection (4)(d): (a) the relinquished interest of the nonconsenting owner shall automatically revert to the nonconsenting owner; (b) the nonconsenting owner shall from that time: (i) own the same interest in the brine well and the production from the brine well; and (ii) be liable for the further costs of the brine mining operation as if the nonconsenting owner had participated in the initial drilling and operation; and (c) costs are payable out of production unless otherwise agreed between the nonconsenting owner and the operator. (10) A pooling order shall provide that in any circumstance where the nonconsenting owner has relinquished the nonconsenting owner's share of production to consenting owners or at any time fails to take the nonconsenting owner's share of production in-kind when the nonconsenting owner is entitled to do so, the nonconsenting owner is entitled to: (a) an accounting of the brine proceeds applicable to the nonconsenting owner's relinquished share of production; and (b) payment of the brine proceeds applicable to that share of production not taken in-kind, net of costs.
Utah Code § 40-10-1 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-1
§ 40-10-1. Legislative finding.
Status: in_force

The Utah Legislature finds that: (1) Coal mining operations presently contribute significantly to the nation's energy requirements; surface coal mining constitutes one method of extraction of the resource; the overwhelming percentage of Utah's coal reserves can only be extracted by underground mining methods; and it is, therefore, essential to the national interest to insure the existence of an expanding and economically healthy underground coal mining industry. (2) The expansion of coal mining in Utah to meet the nation's energy needs makes even more urgent the establishment of appropriate standards to minimize damage to the environment and to productivity of the soil and to protect the health and safety of the public. (3) Surface mining and reclamation technology is now developed so that effective and reasonable regulation of surface coal mining operations is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of the mining operations. (4) In recognition of the innate differences between coal and other mineral deposits and between surface and underground mining methods, the Legislature perceives a need for a separate chapter for effective and reasonable regulation of such operations.
Utah Code § 40-11-17 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-17
§ 40-11-17. Application of this chapter to enhanced recovery projects.
Status: in_force

(1) This chapter does not apply to the injection of carbon dioxide for an enhanced oil or gas recovery project. (2) (a) This chapter does apply to the conversion of an enhanced oil or gas recovery project to a storage facility. (b) To accommodate the conversion described in Subsection (2)(a), the board may make additional rules to allow for circumstances unique to the conversion of an enhanced oil and gas recovery project to a storage facility and not otherwise anticipated under this chapter.
Utah Code § 40-10-20 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-20
§ 40-10-20. Civil penalty for violation of chapter -- Informal conference -- Public hearing -- Contest of violation or amount of penalty -- Collection -- Criminal penalties -- Civil penalty for failure to correct violation.
Status: in_force

(1) (a) Any permittee who violates any permit condition or other provision of this chapter may be assessed a civil penalty by the division. If the violation leads to the issuance of a cessation order under Section 40-10-22, the civil penalty shall be assessed. (b) (i) The penalty may not exceed $5,000 for each violation. (ii) Each day of a continuing violation may be deemed a separate violation for purposes of the penalty assessments. (c) In determining the amount of the penalty, consideration shall be given to: (i) the permittee's history of previous violations at the particular surface coal mining operation; (ii) the seriousness of the violation, including any irreparable harm to the environment and any hazard to the health or safety of the public; (iii) whether the permittee was negligent; and (iv) the demonstrated good faith of the permittee in attempting to achieve rapid compliance after notification of the violation. (2) (a) Within 30 days after the issuance of a notice or order charging that a violation of this chapter has occurred, the division shall inform the permittee of the proposed assessment. (b) The person charged with the penalty shall then have 30 days to pay the proposed assessment in full, or request an informal conference before the division. (c) The informal conference held by the division may address either the amount of the proposed assessment or the fact of the violation, or both. (d) If the permittee who requested the informal conference and participated in the proceedings is not in agreement with the results of the informal conference, the permittee may, within 30 days of receipt of the decision made by the division in the informal conference, request a hearing before the board. (e) (i) Prior to any review of the proposed assessment or the fact of a violation by the board, and within 30 days of receipt of the decision made by the division in the informal conference, the permittee shall forward to the division the amount of the proposed assessment for placement in an escrow account. (ii) If the operator fails to forward the amount of the penalty to the division within 30 days of receipt of the results of the informal conference, the operator waives any opportunity for further review of the fact of the violation or to contest the amount of the civil penalty assessed for the violation. (iii) If, through administrative or judicial review, it is determined that no violation occurred or that the amount of the penalty should be reduced, the division shall within 30 days remit the appropriate amount to the operator with interest accumulated. (3) (a) A civil penalty assessed by the division shall be final only after the person charged with a violation described under Subsection (1) has been given an opportunity for a public hearing. (b) If a public hearing is held, the board shall make findings of fact and shall issue a written decision as to the occurrence of the violation and the amount of the penalty which is warranted, incorporating, when appropriate, an order requiring that the penalty be paid. (c) When appropriate, the board shall consolidate the hearings with other proceedings under Section 40-10-22. (d) Any hearing under this section shall be of record and shall be conducted pursuant to board rules governing the proceedings. (e) If the person charged with a violation fails to use the opportunity for a public hearing, a civil penalty shall be assessed by the division after the division: (i) has determined: (A) that a violation did occur; and (B) the amount of the penalty which is warranted; and (ii) has issued an order requiring that the penalty be paid. (4) At the request of the board, the attorney general may bring a civil action in a court with jurisdiction under Title 78A, Judiciary and Judicial Administration, to recover a civil penalty owed under this chapter. (5) Any person who willfully and knowingly violates a condition of a permit issued pursuant to this chapter or fails or refuses to comply with any order issued under Section 40-10-22 or any order incorporated in a final decision issued by the board under this chapter, except an order incorporated in a decision under Subsection (3), shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both. (6) Whenever a corporate permittee violates a condition of a permit issued pursuant to this chapter or fails or refuses to comply with any order incorporated in a final decision issued by the board under this chapter, except an order incorporated in a decision issued under Subsection (3), any director, officer, or agent of the corporation who willfully and knowingly authorized, ordered, or carried out the violation, failure, or refusal shall be subject to the same civil penalties, fines, and imprisonment that may be imposed upon a person under Subsections (1) and (5). (7) Whoever knowingly makes any false statement, representation, or certification, or knowingly fails to make any statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained pursuant to this chapter or any order or decision issued by the board under this chapter shall, upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than one year, or both. (8) (a) Any operator who fails to correct a violation for which a notice or cessation order has been issued under Subsection 40-10-22(1) within the period permitted for its correction shall be assessed a civil penalty of not less than $750 for each day during which the failure or violation continues. (b) The period permitted for correction of a violation for which a notice of cessation order has been issued under Subsection 40-10-22(1) may not end until: (i) the entry of a final order by the board, in the case of any review proceedings initiated by the operator in which the board orders, after an expedited hearing, the suspension of the abatement requirements of the citation after determining that the operator will suffer irreparable loss or damage from the application of those requirements; or (ii) the entry of an order of the court, in the case of any review proceedings initiated by the operator wherein the court orders the suspension of the abatement requirements of the citation.
Utah Code § 40-11-5 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-5
§ 40-11-5. Permits.
Status: in_force

(1) Subject to the granting of primacy as described in Section 40-11-3, the board may authorize the division to issue a permit. (2) A person may only transfer a permit to another person with permission of the board. (3) A person may not engage in geologic carbon storage in the state without a permit.
Utah Code § 40-6-16 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-16
§ 40-6-16. Duties of division.
Status: in_force

In addition to the duties assigned by the board, the division shall: (1) develop and implement an inspection program that will include production data, pre-drilling checks, and site security reviews; (2) publish a monthly production report; (3) publish a monthly gas processing plant report; (4) review and evaluate, before a hearing, evidence submitted with the petition to be presented to the board; (5) require adequate assurance of approved water rights in accordance with rules and orders enacted under Section 40-6-5; (6) notify the county executive of the county in which the drilling will take place in writing of the issuance of a drilling permit; (7) complete the verification of natural gas to hydrogen conversion plants required by Section 59-5-303; (8) enter agreements and issue tax credit certificates in accordance with Section 40-6-24; and (9) through the division's director, implement Title 19, Chapter 12, Pollution Control Act.
Utah Code § 40-13-401 — Utah Code / Title 40 / Chapter 40-13 / § 40-13-401
§ 40-13-401. Permits required.
Status: in_force

(1) A person may not engage in brine mining operations in the state without a permit. (2) A person may only transfer a permit to another person with permission of the division. (3) The division may issue a permit: (a) authorizing construction, operation, maintenance, and cessation of processing and refining facilities and brine wells; and (b) approving, as part of that permit, post-cessation reclamation of the site. (4) As a condition for approval of a permit, the owner and operator shall furnish surety in an amount determined by the division to cover reclamation costs for the facility and any associated brine wells. (5) Approval of a permit is conditioned upon compliance with the laws, rules, and orders of the board. (6) The board may order the closure of a facility and any associated brine wells: (a) if adequate surety is not posted; (b) if a violation of the laws, rules, and orders of the board exists and is not abated; or (c) for a significant violation of federal or state law not described in Subsection (6)(b) or substantial cause related to a natural disaster or imminent property destruction.
Utah Code § 40-8-5.5 — Utah Code / Title 40 / Chapter 40-8 / § 40-8-5.5
§ 40-8-5.5. Fast track permitting for critical minerals.
Status: in_force

(1) As used in this section: (a) "Critical mineral" means the same as that term is defined in Section 79-10-101. (b) "Critical minerals project" means an activity requiring one or more state permits related to the extraction or processing of a critical mineral. (c) "Critical minerals zone" means the same as that term is defined in Section 79-10-101. (d) "Permit" means the same as that term is defined in Section 79-10-101. (2) (a) The division shall prioritize division resources to process a permit that is: (i) requested to be issued by the division; and (ii) related to a critical minerals project described in Subsection (2)(b). (b) This Subsection (2) applies to a critical minerals project that is: (i) for the extraction or processing of a critical mineral within a critical minerals zone; or (ii) included in the strategic plan developed by the Critical Minerals Council under Subsection 79-10-302(1). (3) The division shall work cooperatively with the Department of Environmental Quality to develop processes under which permits for a critical minerals project described in Subsection (2)(b) that are issued by the division and the Department of Environmental Quality: (a) may be issued at parallel times rather than sequentially; and (b) minimize the need for a person to comply with duplicative, overlapping, or conflicting requirements. (4) Nothing in this section abrogates or interferes with the powers or duties of the Department of Environmental Quality.
Utah Code § 40-1-7 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-7
§ 40-1-7. District recorders -- Office abolished.
Status: in_force

From and after the termination of the office of any mining district recorder now holding office in this state such district shall be abolished and such office shall become vacant.
Utah Code § 40-6-11 — Utah Code / Title 40 / Chapter 40-6 / § 40-6-11
§ 40-6-11. Power to summon witnesses, administer oaths and require production of records -- Enforcement -- Penalties for violation of chapter or rules -- Illegal oil or gas -- Civil liability -- Restricted account.
Status: in_force

(1) At a hearing or investigation conducted by the board, the board may: (a) summon witnesses; (b) administer oaths; and (c) require the production of records, books, and documents for examination. (2) (a) If a person fails or refuses to comply with a subpoena issued by the board, or fails or refuses to testify about any matter, the board may apply to a district court in the state for an order compelling that person to: (i) comply with the subpoena; (ii) attend before the board; (iii) produce the subpoenaed records, books, and documents for examination; and (iv) give the person's testimony. (b) The court may punish the person for contempt as if the person disobeyed a subpoena issued by the court, or if the person refused to testify in a court. (3) (a) Whenever it appears that a person is violating this chapter or a rule or order made under the authority of this chapter, the board may issue an order requiring compliance within a period not to exceed 45 days. (b) The board may bring suit in the name of the state against a person violating this chapter, or rules or orders made under the authority of this chapter if: (i) the violation continues after expiration of the time period granted in Subsection (3)(a); (ii) the violation presents an immediate threat to public health, safety, or welfare; or (iii) the violation would cause waste. (4) (a) Subject to the requirements of this Subsection (4), if the board or division determines, after an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act, that a person has violated this chapter, or a permit, rule, or order made under this chapter, the board or division may impose an administrative penalty on the person not to exceed $5,000 per day for each day of violation. (b) If the board determines that the violation is willful, the board may impose an administrative penalty on that person not to exceed $10,000 for each day of violation. (c) The board shall, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establish a standardized violation schedule to set the violations and the associated administrative penalty for each violation. (d) A single violation shall result in a single administrative penalty, that may be imposed on a daily basis for each day that the violation remains unresolved following the assessment of the administrative penalty or completion of the appeal. (e) Before initiation of an adjudicative proceeding or assessing an administrative penalty, and except for circumstances provided in Subsection (4)(b), the division shall provide a notice of violation to the owner and operator in the form and manner set forth by board rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. The rule made under this Subsection (4)(e) shall, at a minimum, require the notice to set forth the actions necessary to cure the violation and a reasonable period of time to cure the violation. (f) Should an owner or operator fail to cure the violation as set out in the notice of violation under Subsection (4)(e), the division may initiate an adjudicative proceeding conducted in accordance with Title 63G, Chapter 4, Administrative Procedures Act. (g) Administrative penalties assessed by the division or the board may not exceed $200,000 per violation per person. (h) An administrative penalty assessed by the division may be appealed to the board within 30 days of the assessment. (i) If a violation remains unabated and the maximum penalty amount has accrued, the division may request an emergency order from the board requiring the operator or person to suspend operations of the well or facility in violation. Operations may only resume upon abatement of the violation. (5) If ordered to do so by the board, the director of the division may order the immediate closure or shutdown of any well that is operating in violation of this chapter, if the closure or shutdown will not cause waste or is necessary because of an immediate threat to public health, safety, or welfare. (6) (a) A person may not sell, purchase, acquire, transport, refine, process, or handle illegal oil, gas, or product, if the person knows or has reason to know that the oil, gas, or product is illegal. (b) The court in the district where the illegal oil, gas, or product is found, shall, after notice and hearing in an action brought by the board, order the product to be seized and sold, and the proceeds returned or held for the legal owner. (7) (a) This chapter, a suit by or against the board, and a violation charged or asserted against a person under this chapter, or a rule or order issued under the authority of this chapter, may not impair, abridge, or delay a cause of action for damages that a person may have or assert against any person violating this chapter, or a rule or order issued under the authority of this chapter. (b) A person damaged by a violation may sue for and recover whatever damages that the person otherwise may be entitled to receive. (8) After an administrative penalty is assessed under this chapter, the division may collect that administrative penalty as if the administrative penalty were a judgment issued by a court of law so long as the penalized person was provided with notice of the violation, a reasonable opportunity to cure, and an opportunity for a hearing under Title 63G, Chapter 4, Administrative Procedures Act, and the administrative and appellate remedies are exhausted. (9) (a) There is created within the General Fund a restricted account known as the "Oil and Gas Administrative Penalties Account." (b) The Oil and Gas Administrative Penalties Account shall consist of: (i) administrative penalties collected by the board or division under this chapter; and (ii) interest earned on the Oil and Gas Administrative Penalties Account. (c) The Oil and Gas Administrative Penalties Account shall earn interest. (d) Subject to appropriation by the Legislature, the division may use money in the Oil and Gas Administrative Penalties Account to offset: (i) risks to the public health, safety, or welfare caused by oil and gas operations for impacts and activities covered by bonding; or (ii) other direct impacts to the general public from oil and gas development as identified by the board and the executive director of the Department of Natural Resources at a public hearing that are not otherwise addressed through performance bonds allowed by Subsection 40-6-5(2)(f). (e) In accordance with Section 63J-1-602.1, appropriations from the Oil and Gas Administrative Penalty Account are nonlapsing.
Utah Code § 40-7-1 — Utah Code / Title 40 / Chapter 40-7 / § 40-7-1
§ 40-7-1. Interstate compact to conserve oil and gas -- Authority for governor to join.
Status: in_force

The governor of the state of Utah is authorized and directed, for and in the name of the state of Utah to join with the other states in the Interstate Oil Compact to Conserve Oil and Gas, which was executed in Dallas, Texas, on the 16th day of February, 1935, and has been extended to the 1st day of September, 1959, with the consent of Congress, and that said compact and all extensions are now on deposit with the department of state of the United States.
Utah Code § 40-1-9 — Utah Code / Title 40 / Chapter 40-1 / § 40-1-9
§ 40-1-9. County recorder may certify district records.
Status: in_force

(1) When the books, records, and documents pertaining to the office of mining district recorder have been deposited in the office of a county recorder, the recorder may make and certify copies from those records. (2) Those certified copies shall be receivable in all tribunals and before all officers of this state in the same manner and to the same effect as if the records had been originally filed or made in the office of the county recorder.
Utah Code § 40-11-21 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-21
§ 40-11-21. Fees related to reservoir or storage facility.
Status: in_force

(1) There is levied a fee per ton of carbon dioxide injected into a reservoir or storage facility. (2) The board shall establish the fee described in Subsection (1) in accordance with Section 63J-1-504 to equal the sum of: (a) an amount to pay the anticipated costs to the division of the regulation of storage facility: (i) construction; (ii) operation; and (iii) pre-closure activities; and (b) an amount to pay the anticipated costs to the division of the long-term monitoring and management of a closed storage facility. (3) The division shall deposit money collected under this section into the fund.
Utah Code § 40-10-29 — Utah Code / Title 40 / Chapter 40-10 / § 40-10-29
§ 40-10-29. Other enforcement and protection rights unaffected -- Operator to replace adversely affected water supply of legitimate users.
Status: in_force

(1) Nothing in this chapter shall be construed as affecting in any way the right of any person to enforce or protect, under applicable law, the person's interest in water resources affected by a surface coal mining operation. (2) The operator of a surface coal mine shall replace the water supply of an owner of interest in real property who obtains all or part of the owner's supply of water for domestic, agricultural, industrial, or other legitimate use from an underground or surface source where this supply has been affected by contamination, diminution, or interruption proximately resulting from the surface coal mine operation.
Utah Code § 40-11-23 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-23
§ 40-11-23. Carbon Dioxide Storage Fund.
Status: in_force

(1) There is created an expendable special revenue fund known as the "Carbon Dioxide Storage Fund." (2) The fund shall consist of: (a) money from fees collected under Subsection 40-11-3(4) and Sections 40-11-20 and 40-11-21; (b) penalties imposed for violations of this chapter; and (c) interest or other earnings for the fund. (3) The state treasurer shall invest the money in the fund according to Title 51, Chapter 7, State Money Management Act, except that interest or other earnings derived from those investments shall be deposited into the fund. (4) The division shall only use the money in the fund to: (a) defray the division's regulatory expenses incurred during the regulation of a storage facility: (i) construction; (ii) operation; and (iii) pre-closure activities; (b) make determinations in accordance with Section 40-11-20; (c) reimburse a regulatory agency with whom the board has entered into a cooperative agreement described in Section 40-11-18 for expenses the cooperating agency incurs in conducting the activities described in Subsections (4)(a) and (b); (d) permit, inspect, monitor, investigate, record, and report on geologic storage facilities and associated carbon dioxide injection wells; (e) perform long-term monitoring of geologic storage facilities and associated carbon dioxide injection wells; (f) remediate mechanical problems associated with geologic storage facilities and associated carbon dioxide injection wells; (g) repair mechanical leaks at geologic storage facilities; (h) plug abandoned carbon dioxide injection wells used for geologic storage; (i) training and technology transfer related to carbon dioxide injection and geologic storage; (j) perform compliance and enforcement activities related to geologic storage and associated man-made carbon dioxide injection wells; and (k) oversee the management of the geologic storage facilities and associated carbon dioxide injection wells after site closure.
Utah Code § 40-11-14 — Utah Code / Title 40 / Chapter 40-11 / § 40-11-14
§ 40-11-14. Preservation of rights.
Status: in_force

Nothing in this chapter or in a permit may be interpreted to: (1) prejudice the rights of property owners who own property that hosts a storage facility to the extent that those property rights are not committed to the storage facility; (2) prevent a mineral owner or mineral lessee from drilling through or near a storage reservoir to explore or develop mineral resources to the extent that the exploration and development: (a) preserves the integrity of the storage facility; and (b) complies with requirements described in this chapter.