65A-17-202. Emergency management responsibilities of the division.

265 words·~1 min read·/ut/title-65a/chapter-17/65a-17-202

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

Effective 5/1/2024

(1)When the Great Salt Lake reaches the emergency trigger, the division:

(a)may construct, operate, modify, and maintain the adaptive management berm;

(b)may construct, operate, modify, and maintain one or more additional berms, dikes, structures, or management systems consistent with the authority granted in this title;

(c)may enter into agreements as necessary to provide for all or a portion of a berm, dike, system, or structure;

(d)is exempt from Title 63G, Chapter 6a, Utah Procurement Code, when acting to manage the Great Salt Lake under this section;

(e)is not liable for a third-party claim resulting from the division's actions to manage the Great Salt Lake under this section;

(f)may decline to issue a new permit, authorization, or agreement and may curtail mineral or element production for leases that contain provisions contemplating curtailment or similar contractual remedies;

(g)may implement mineral lease withdrawal over one or more of the following:

(i)portions of the Great Salt Lake;

(ii)specific methods of extraction; or

(iii)specific Great Salt Lake elements or minerals as defined in Section 65A-6-4 ; and

(h)may require the implementation of one or more of the following:

(i)extraction methods that are non-depletive in nature;

(ii)mitigation to offset depletion; or

(iii)innovative extraction technologies.

(2)The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the procedures the division shall follow in taking an action described in Subsection (1).

Renumbered and Amended by Chapter 25 , 2024 General Session