1

Kavya Kasturi

From: Steve Schneider [steveschneider@utah.gov]

Sent: Friday, February 13, 2015 1:19 AM

To: Kavya Kasturi

Subject: Re: Copyright data clarification for US EPA (UT DNR)

Kavya, 

The data search described in your email, included in paragraphs #3 and #4, can be utilized as public data. 

Steve Schneider 

Administrative Services & Policy Coordinator 

Utah Division of Oil, Gas and Mining 

On Thu, Feb 12, 2015 at 11:51 AM, Kavya Kasturi <Kavya.Kasturi@erg.com> wrote: 

Hi Steve, 

 

Thanks for taking the time to talk to me on the phone today. As I mentioned on the phone, my name is Kavya 

Kasturi-Kuhn and I work for Eastern Research Group, Inc., a contractor for the United States Environmental 

Protection Agency. We are supporting EPA with a rulemaking that will cover the unconventional oil and gas 

extraction industry (http://water.epa.gov/scitech/wastetech/guide/oilandgas/unconv.cfm). 

 

As part of the rulemaking process, we downloaded data from your website for analysis. EPA has determined 

that they would like to make these analyses and the raw data available in the public record to support the 

rulemaking. We noticed the Utah Division of Oil, Gas, and Mining website has a blanket copyright claim and 

Terms of Use. However, it is unclear what is covered under this claim and Terms of Use. Below is the citation 

for the specific data downloaded that are in question as well as a description of how the data were used and will 

be presented. Included in the citation are the Document Control Numbers (DCN) that will identify the data and 

source in the public docket. 

 

Citation: Utah – SGE00403 - Utah Department of Natural Resources (UTDNR). 2012. Well Information 

Search. Accessed on 2/4/2013. Available at:

http://oilgas.ogm.utah.gov/Data_Center/LiveData_Search/files.htm.

We searched the online database to identify active Class II disposal wells. We exported the final list of active 

Class II disposal wells to Excel which we are proposing to publish within an analysis spreadsheet (SGE00596), 

where we compiled disposal wells for all states. This separate analysis spreadsheet (SGE00596) is where the 

raw data from the state website will be published but will be cited with SGE00403. 
2

It would be greatly appreciated if you could respond to this email specifying whether or not these data files are 

copyrighted or not. If not, these files will be made available to the public on www.regulations.gov at the time 

of proposal. If the data is copyrighted, it will only be made available to the public at a read only computer 

station in Washington D.C.. 

 

Please let me know if you have any questions. 

 

Kavya P. Kasturi-Kuhn 

Environmental Engineer 

Eastern Research Group 

kavya.kasturi@erg.com

240-654-2524

 
Search Utah.gov Presidents Day

State Holiday

FEB

16 Salt Lake City

INFORMATION ON THE STATE OF UTAH'S COMPUTER SYSTEMS IS MADE AVAILABLE AS A PUBLIC SERVICE, WITHOUT 

EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND IS SUBJECT TO THE FOLLOWING DISCLAIMERS:

1. ACCURACY, CHANGES, AND CONTINUITY OF SERVICE

The State of Utah (State) tries to ensure that the information made available on Utah.gov Web sites is accurate and 

complete. Due to factors beyond the control of the State, however, it cannot guarantee against unauthorized 

modifications of information or errors made in inputting and posting data. The State may make changes to a Web page 

at any time to update, add, or correct the information made available. The State may elect to charge a fee for accessing 

or using information from the State's computer system, or may suspend or discontinue making the information available.

2. NO WARRANTIES

The State disclaims any express or implied warranties related to making its computer system available for public use, and 

for any materials, information, graphics, products, or processes contained within its computer system. It makes no 

warranty, express or implied, nor assumes any responsibility for the use of information on the State's Web sites or 

computer system/s, or for the computer system's fitness for any general or particular purpose. Nor does the State 

warrant that the use of information on the State's system will not infringe or violate the rights of others. The public is 

granted access to information on the State's computer system on a strictly "as is" basis. The State denies responsibility 

for the conduct of its users.

3. SUBMISSIONS

Certain Utah.gov websites invite users to submit content to Utah.gov that Utah.gov may include on Utah.gov websites. In 

these circumstances, Utah.gov invites users to submit content solely for the purpose of identifying content that Utah.gov 

can use to communicate Utah.gov's and the State's messages. Utah.gov is not a public forum and users should not 

expect that content submitted will be posted on Utah.gov websites. If Utah.gov chooses to post any content, it does so 

solely at its own discretion and for the purpose of communicating the messages of Utah.gov and the State of Utah. 

Utah.gov exercises final approval authority over any content it chooses to post to Utah.gov and may remove submitted 

content at any time at its discretion.

While Utah.gov may choose to post submitted content for the purpose of communicating Utah.gov's and the State's 

messages, the State disclaims any responsibility for any information, materials, opinions, endorsements of products or 

services, or any other content located or made available on external sites.

Utah.gov Utah.gov Terms of Use Share

Utah.gov Terms of Use

Utah.gov Terms of Use

Settings Support Employment Business Education Residents Visiting About Utah Connect Services

Utah.gov Terms of Use - Utah.gov Page 1 of 3

http://www.utah.gov/disclaimer.html 2/16/2015
4. EXTERNAL LINKS; PERSONAL OPINIONS

Utah.gov's and the State's messages. If Utah.gov chooses to provide a link to any non-Utah.gov website, it does so solely 

at its own discretion. Utah.gov is not a public forum and users submitting links to Utah.gov should not expect that any 

link submitted will be posted on Utah.gov websites. Utah.gov exercises final approval authority over any links to nonUtah.gov websites it chooses to post and may remove links at any time at its discretion. While Utah.gov may provide a 

link to these sites for its own purpose of communicating Utah.gov's and the State's messages, the State disclaims legal 

responsibility for any information, materials, opinions, endorsements of products or services, or any other content 

located or made available on external sites.No other sections of this disclaimer statement are applicable to external sites 

beyond the control of the State.

5. COPYRIGHT LIMITATIONS

The State has made the content of certain pages of its Web sites available to the public. Anyone may view, copy, or 

distribute information found within these web pages (not including the design or layout of the pages) for personal or 

informational use without owing an obligation to the State if the documents are not modified in any respect, and unless 

otherwise stated on the particular materials or information to which a restriction on free use applies. The State makes no 

warranty, however, that the materials contained within these pages are free from copyright claims, or other restrictions 

or limitations on free use or display. The State disclaims any liability for the improper or incorrect use of information 

obtained from its Web sites.

6. ASSUMPTION OF RISK OF USE

One who uses the information available for public use on the State's computer system assumes the risk of using or 

relying on such information. Neither the State, its employees, nor its agents shall be liable for any damages, including 

indirect, special, incidental, or consequential damages a user incurs as a result of viewing, distributing, or copying 

materials on the sites made available to the public, even if advised of the possibility of such damages.

7. MONITORING AND PROTECTING THE SYSTEM FROM INTRUSION

All State computer systems are subject to monitoring to assure proper functioning of the system and to provide security 

for the computer system's operation. By using the computer systems you are consenting to the exercise of such 

monitoring practices. The State reserves the right to use any legally appropriate measures to prevent and investigate 

anyone attempting to modify, deface, delete, or otherwise tamper with or abuse a State Web site, server, database, 

information system, or other State technology asset.

8. UTAH LAW AND JURISDICTION

The materials made available for public use on the State's Web sites are from computer systems located within the State, 

and are for the use and benefit of the citizens of Utah. Any person who uses these systems or attempts to gain access to 

information or materials on these systems is subject to the jurisdiction of the State of Utah. Any dispute arising from a 

person using or attempting to use information or materials on the State's Web sites shall be determined in accordance 

with Utah laws and in the courts of Utah.

9. CONDITIONAL SERVICES AMENDMENT TO THE STATE OF UTAH DISCLAIMER STATEMENT ON UTAH.GOV

Certain services and features on the Utah.gov Internet sites are labeled as "conditional services." This signifies that the 

service or feature may be a pilot project or makes use of publicly available external Web services offered by 

Settings Support Employment Business Education Residents Visiting About Utah Connect Services

Utah.gov Terms of Use - Utah.gov Page 2 of 3

http://www.utah.gov/disclaimer.html 2/16/2015
support from the State. Conditional services offered on the Utah.gov Internet site may be removed at any time without 

notice if the external service is determined to not meet the needs of Utah.gov. Use of a commercial Web service does not 

serve as an endorsement by the State of Utah, nor is the State responsible for any data inaccuracies or omissions 

provided by external services.

Was the information on this page helpful?

Yes No

Help

Utah Maps

Homework Help

USA.gov

BeReady.utah.gov

Alerts

Traffic & Weather

Amber Alerts

Mobile Alerts

211 - Service Information

511 - Road/travel info

911 - Emergency Help

Executive

Governor

First Lady

Lt. Governor

Attorney General

Treasurer

State Auditor

Legislative

Legislature Web Site

Legislative Calendar

Find Your Legislator

Utah Senate Web Site

House of 

Representatives

Awards

Over 100 awards set 

Utah.gov as one of the 

best government sites in 

the nation.

View more of Utah.gov's 

award-winning projects »

Site Map | Contact Utah.gov | Terms of Use | Security | Privacy Policy | Accessibility | Feedback | Awards | Translate Utah.gov

Copyright © 2015 State of Utah - All rights reserved. 

Twitter Facebook Mobile Widgets Photos RSS Blogs YouTube

Feedback

Settings Support Employment Business Education Residents Visiting About Utah Connect Services

Utah.gov Terms of Use - Utah.gov Page 3 of 3

http://www.utah.gov/disclaimer.html 2/16/2015