73-33-203. Measuring volume and quality of water.
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Effective 5/1/2024
73-33-203. Measuring volume and quality of water.
(a)A person diverting water under a Great Salt Lake water right shall:
(i)measure through the use of a physical measurement and not estimate or calculate the water or brine diverted from the Great Salt Lake as part of the mineral or element extraction process;
(ii)keep a record of the measurements described in Subsection (1)(a)(i); and
(iii)report the measurements described in Subsection (1)(a)(i) to the Division of Water Rights in accordance with rules made by the Division of Water Rights under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(b)A duty described in Subsection (1)(a) does not replace or modify any other duty to measure water under this title or rules made under this title.
(2)A person diverting water under a Great Salt Lake water right shall:
(a)measure the salinity of any discharge of water or brine from the person's operations into the Great Salt Lake in accordance with rules made by the Division of Forestry, Fire, and State Lands in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(b)keep a record of the measurements described in Subsection (2)(a); and
(c)report the measurements described in Subsection (2)(a) to the Division of Forestry, Fire, and State Lands in accordance with rules made by the Division of Forestry, Fire, and State Lands under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(a)On or before June 1, 2025, the Division of Water Quality, in consultation with the Division of Forestry, Fire, and State Lands, and in cooperation with the Great Salt Lake commissioner pursuant to Section 73-32-203 , shall make a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, setting a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake as part of the mineral or element extraction process.
(b)If a person discharges water or brine that exceeds the limit imposed under Subsection (3)(a), the Division of Water Quality may modify, revoke and reissue, or terminate any permit issued by the Division of Water Quality related to the discharge.
(4)A person shall keep a record required under this section for a period of at least five years from the day on which the record is made.
Enacted by Chapter 25 , 2024 General Session