40-13-201. Board authority -- Rulemaking.

784 words·~4 min read·/ut/title-40/chapter-13/40-13-201

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/7/2025

(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.

(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.

Enacted by Chapter 152 , 2025 General Session