reglab/housing_qa huggingface dataset:
UT Code § 40-6-10 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 10 - Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing examiners.

40-6-10. Procedures -- Adjudicative proceedings -- Emergency orders -- Hearing examiners.    (1)   (a) The Board of Oil, Gas, and Mining and the Division of Oil, Gas, and Mining shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in their adjudicative proceedings.     (b) The board shall enact rules governing its practice and procedure that are not inconsistent with Title 63G, Chapter 4, Administrative Procedures Act.       (2) When an emergency requiring immediate action is found by the division director or any board member to exist, the division director or board member may issue an emergency order according to the requirements and procedures of Title 63G, Chapter 4, Administrative Procedures Act.     (3) A notice required by this chapter, except as otherwise provided, shall be given at the election of the board by:   (a) personal service; or     (b)   (i) one publication in:   (A) a daily newspaper of general circulation in the city of Salt Lake and county of Salt Lake, Utah; and     (B) all newspapers of general circulation published in the county where the land is affected, or some part of the land is situated; and       (ii) electronic publication in accordance with Section 45-1-101.         (4)   (a) Any order made by the board is effective on issuance.     (b) All rules and orders issued by the board shall be:   (i) in writing;     (ii) entered in full in books to be kept by the board for that purpose;     (iii) indexed; and     (iv) public records open for inspection at all times during reasonable office hours.       (c) A copy of any rule, finding of fact, or order, certified by the board or by the division director, shall be received in evidence in all courts of this state with the same effect as the original.       (5) The board may act upon its own motion or upon the petition of any interested person.     (6)   (a) The board may appoint a hearing examiner to take evidence and to recommend findings of fact and conclusions of law to the board.     (b) Any member of the board, division staff, or any other person designated by the board may serve as a hearing examiner.     (c) The board may enter an order based on the recommendations of the examiner.      Amended by Chapter 5, 2009 Special Session 1Amended by Chapter 5, 2009 Special Session 1
UT Code § 40-6-12 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 12 - Evasion of chapter or orders -- Penalties -- Limitation of actions.

40-6-12. Evasion of chapter or orders -- Penalties -- Limitation of actions.    (1)   (a) A person is guilty of a class A misdemeanor if, for the purpose of evading this chapter or any order of the board, he is convicted of any of the following:   (i) making or causing to be made any false entry in any report, record, account, or memorandum required by this chapter or by any order;     (ii) omitting or causing to be omitted from any report, record, account, or memorandum, full, true, and correct entries as required by this chapter or by any order; or     (iii) removing from this state or destroying, mutilating, altering, or falsifying any record, account, or memorandum.       (b) Upon conviction under Subsection (1), a person is subject to a fine of not more than $5,000 or imprisonment for a term not exceeding six months, or to both fine and imprisonment.       (2) Any suit, action, or other proceeding based upon a violation of this section may be commenced only within one year from the date of the alleged violation.    Amended by Chapter 330, 2009 General Session
UT Code § 40-6-13 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 13 - Restrictions of production not authorized.

40-6-13. Restrictions of production not authorized.  This act shall never be construed to require, permit or authorize the board or any court to make, enter or enforce any order, rule, regulation, or judgment requiring restriction of production of any pool or of any well (except a well drilled in violation of Section 40-6-6 hereof) to an amount less than the well or pool can produce unless such restriction is necessary to prevent waste and protect correlative rights, or the operation of a well without sufficient oil or gas production to cover current operating costs and provide a reasonable return, without regard to original drilling costs.  Enacted by Chapter 205, 1983 General Session
UT Code § 40-6-14.5 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 14.5 - Oil and Gas Conservation Account created -- Contents -- Use of account money.

 Effective 5/5/2021  40-6-14.5. Oil and Gas Conservation Account created -- Contents -- Use of account money.    (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.      Amended by Chapter 401, 2021 General Session
UT Code § 40-6-15 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 15 - Division created -- Functions -- Director of division -- Qualifications of program administrators.

40-6-15. Division created -- Functions -- Director of division -- Qualifications of program administrators.  There is created within the Department of Natural Resources the Division of Oil, Gas, and Mining. The division shall implement the policies and orders of the board and perform all other duties delegated by the board. 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. 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. Within the division, the person administering the oil and gas program shall have the technical background to efficiently administer that program. The person administering the mining program shall have the technical background to efficiently administer that program.  Amended by Chapter 344, 2009 General Session
UT Code § 40-6-16 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 16 - Duties of division.

 Effective 5/14/2019  40-6-16. Duties of division.  In addition to the duties assigned by the board, the division shall:  (1) develop and implement an inspection program that will include but not be limited to 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, prior to 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; and     (7) complete the verification of natural gas to hydrogen conversion plants required by Section 59-5-102.    Amended by Chapter 246, 2019 General SessionAmended by Chapter 247, 2019 General Session
UT Code § 40-6-17 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 17 - Cooperative research and development projects.

40-6-17. Cooperative research and development projects.  The board and the Division of Oil, Gas, and Mining are authorized to enter into cooperative agreements with the national, state or local governments, and with independent organizations and institutions for the purpose of carrying out research and development experiments involving energy resources to the extent that the project is funded or partially funded and approved by the Legislature.  Amended by Chapter 344, 2009 General Session
UT Code § 40-6-18 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 18 - Lands subject to chapter.

40-6-18. Lands subject to chapter.  This act shall apply to all lands in the State of Utah, lawfully subject to its police power, and shall apply to lands of the United States or the lands subject to the jurisdiction of the United States.  Enacted by Chapter 205, 1983 General Session
UT Code § 40-6-19 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 19 - Bond and Surety Forfeiture Trust Fund created -- Contents -- Use of fund money.

40-6-19. Bond and Surety Forfeiture Trust Fund created -- Contents -- Use of fund money.    (1) There is created a private-purpose trust fund known as the "Bond and Surety Forfeiture Trust Fund."     (2) Money collected by the Division of Oil, Gas, and Mining as a result of bond or surety forfeitures shall be deposited in the fund.     (3) Interest earned on money in the fund shall accrue to the fund.     (4)   (a) Money from each forfeited bond or surety, together with interest, shall be used by the Division of Oil, Gas, and Mining to accomplish the requisite performance standards under the program to which the forfeited bond or surety corresponds.     (b) Any money not used for a project shall be returned to the rightful claimant.      Amended by Chapter 344, 2009 General Session
UT Code § 40-6-20 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 20 - Use of surface land by owner or operator.

40-6-20. Use of surface land by owner or operator.    (1) An owner or operator may:   (a) enter onto surface land under which the owner or operator holds rights to conduct oil and gas operations; and     (b) use the surface land:   (i) to the extent reasonably necessary to conduct oil and gas operations; and     (ii) consistent with allowing the surface land owner the greatest possible use of the surface land owner's property, to the extent that the surface land owner's use does not interfere with the owner's or operator's oil and gas operations.         (2) Subject to Subsection (3), except as is reasonably necessary to conduct oil and gas operations, an owner or operator shall:   (a) mitigate the effects of accessing the surface land owner's surface land;     (b) minimize interference with the surface land owner's use of the surface land owner's property; and     (c) compensate a surface land owner for unreasonable:   (i) loss of a surface land owner's crops on the surface land;     (ii) loss of value to existing improvements owned by a surface land owner on the surface land; and     (iii) permanent damage to the surface land.         (3) An owner or operator is not required to:   (a) obtain location or spacing exceptions from the division or board; or     (b) utilize directional or horizontal drilling techniques that are not:   (i) technologically feasible;     (ii) economically practicable; or     (iii) reasonably available.         (4) The requirements of Subsection (2) do not apply to the extent that they conflict with or impair a contractual provision relevant to an owner's or operator's use of surface land for oil and gas operations.     (5)   (a) The provisions of this section do not prevent:   (i) a person from seeking a remedy allowed by law; or     (ii) an owner or operator and a surface land owner from addressing the use of surface land for oil and gas operations through:   (A) a lease;     (B) a surface use agreement; or     (C) another written contract.         (b) An agreement described in Subsection (5)(a)(ii) shall control:   (i) the use of surface land for oil and gas operations; and     (ii) compensation for damage to the surface land caused by oil and gas operations.        Enacted by Chapter 342, 2012 General Session
UT Code § 40-6-21 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 21 - Mediation.

40-6-21. Mediation.    (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.    Enacted by Chapter 342, 2012 General Session
UT Code § 40-6-22 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 22 - Regulatory certainty to support economic recovery.

 Effective 8/31/2020  40-6-22. Regulatory certainty to support economic recovery.    (1) On or before June 30, 2021, the board or division may not make, amend, or repeal a rule pursuant to this title, if formal rulemaking was not initiated on or before July 1, 2020, unless the rule constitutes:   (a) a state rule related to a federally-delegated program;     (b) a rule mandated by statute to be made, amended, or repealed on or before July 1, 2020; or     (c) subject to Subsection (2), a rule that is necessary because failure to make, amend, or repeal the rule will:   (i) cause an imminent peril to the public health, safety, or welfare;     (ii) cause an imminent budget reduction because of budget restraints or federal requirements;     (iii) place the agency in violation of federal or state law; or     (iv) fail to provide regulatory relief.         (2) In addition to complying with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board or division shall report to the Administrative Rules Review Committee as to whether the need to act meets the requirements of Subsection (1)(c).     (3) On or after August 31, 2020, but on or before June 30, 2021, the board or division may not impose a new fee or increase a fee pursuant to this title or rules made under this title.     (4) Only the Legislature may extend the time limitations of this section.     (5) Notwithstanding the other provisions of this section, this section does not apply to a rule, fee, or fee increase to the extent that the rule, fee, or fee increase applies to an activity in a county of the first or second class.     (6) Notwithstanding the other provisions of this section, the agencies may engage with stakeholders in the process of discussing, developing, and drafting a rule, fee, or fee increase on or after July 1, 2020, but on or before June 30, 2021.    Enacted by Chapter 14, 2020 Special Session 6
UT Code § 40-6-23 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 6 - Board and Division of Oil, Gas, and Mining|Section 23 - Division of Oil, Gas, and Mining Restricted Account.

 Effective 5/5/2021  40-6-23. Division of Oil, Gas, and Mining Restricted Account.    (1) As used in this section:   (a) "Account" means the Division of Oil, Gas, and Mining Restricted Account created by this section.     (b) "Division" means the Division of Oil, Gas, and Mining.       (2)   (a) There is created a restricted account within the General Fund known as the "Division of Oil, Gas, and Mining Restricted Account."     (b) The account consists of:   (i) deposits to the account made under Section 51-9-306;     (ii) appropriations of the Legislature; and     (iii) interest and other earnings described in Subsection (2)(c).       (c) The Office of the Treasurer shall deposit interest and other earnings derived from investment of money in the account into the account.       (3)   (a) Upon appropriation by the Legislature, the division shall use money from the account to pay the costs of programs or projects administered by the division.     (b) An appropriation provided for under this section is not intended to replace the following that is otherwise allocated for the programs or projects described in Subsection (3)(a):   (i) federal money; or     (ii) a dedicated credit.         (4) Appropriations made in accordance with this section are nonlapsing in accordance with Section 63J-1-602.1.    Enacted by Chapter 401, 2021 General Session
UT Code § 40-7-1 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 7 - Oil and Gas Compact|Section 1 - Interstate compact to conserve oil and gas -- Authority for governor to join.

40-7-1. Interstate compact to conserve oil and gas -- Authority for governor to join.  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.  Enacted by Chapter 131, 1957 General Session
UT Code § 40-7-2 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 7 - Oil and Gas Compact|Section 2 - Authority for governor to execute extensions or withdraw from compact.

40-7-2. Authority for governor to execute extensions or withdraw from compact.  The governor of the state of Utah is authorized and empowered, for and in the name of the state of Utah to execute agreements for further extension of the expiration date of said compact to conserve oil and gas, and to determine if and when it shall be to the best interest of the state of Utah to withdraw from said compact upon 60 days' notice as provided by its terms. In the event that he shall determine that the state shall withdraw from said compact he shall have the power and authority to give necessary notice and to take any and all steps necessary and proper to effect the withdrawal of the state of Utah from said compact.  Enacted by Chapter 131, 1957 General Session
UT Code § 40-7-3 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 7 - Oil and Gas Compact|Section 3 - Official representative -- Assistant representative.

40-7-3. Official representative -- Assistant representative.  The governor shall be the official representative of the state of Utah on the "Interstate Oil Compact Commission" provided for in the compact to conserve oil and gas, and shall exercise and perform for the state all of the powers and duties as members of the Interstate Oil Compact Commission; provided, however, that he shall have the authority to appoint an assistant representative who shall act in his stead as the official representative of the state of Utah as a member of said commission.  Enacted by Chapter 131, 1957 General Session
UT Code § 40-8-1 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 1 - Short title.

40-8-1. Short title.  This act shall be known and may be cited as the "Utah Mined Land Reclamation Act."  Enacted by Chapter 130, 1975 General Session
UT Code § 40-8-2 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 2 - Legislative findings.

40-8-2. Legislative findings.  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.    Enacted by Chapter 130, 1975 General Session
UT Code § 40-8-3 (2021)
2021 Utah Code|Title 40 - Mines and Mining|Chapter 8 - Utah Mined Land Reclamation Act|Section 3 - Purpose.

40-8-3. Purpose.  The purpose of this act is to provide that from the effective date of the act, except as otherwise provided in this act, all mining in the state shall include plans for reclamation of the land affected.  Enacted by Chapter 130, 1975 General Session