65A-17-301. General royalty agreement provisions -- State action regarding evaporation ponds and leaseholds.

283 words·~1 min read·/ut/title-65a/chapter-17/65a-17-301·

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

Effective 5/1/2024

(1)In addition to the requirements of Section 65A-6-4 , the division shall ensure that a royalty agreement:

(a)obligates the lessee to extract minerals or elements in a manner that prevents waste to the common source of supply;

(b)obligates the lessee to extract minerals or elements in a manner that avoids negative impacts to any natural resources of the Great Salt Lake;

(c)contains terms and conditions wherein the lessee agrees to extract minerals or elements in a manner that preserves and conserves ecological integrity and healthy salinity levels; and

(d)contains terms and conditions wherein the lessee represents and warrants full compliance, at the lessee's sole expense, with the management decisions and instructions of the division and director for preservation of minerals or elements and natural resources of the Great Salt Lake.

(a)The division may acquire the property interest in land or a mineral estate for a solar evaporation pond on sovereign lands and an improvement, property, easement, or right-of-way appurtenant to the solar evaporation pond by any lawful means, including eminent domain, as described in Sections 78B-6-501 and 78B-6-502 .

(b)The division may not implement this Subsection

(2)to acquire a property interest in land or a mineral estate that is not in or on sovereign land.

(c)The division may not implement this Subsection

(2)on property interests in land or mineral estates held by an operator who, in an agreement with the division, has relinquished property interests in land or mineral estates.

(d)Only the division may implement this Subsection (2).

Enacted by Chapter 25 , 2024 General Session