(1) This chapter does not authorize the use of produced water as part of a consumptive beneficial use without a water right.

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Terms Used In Utah Code 40-12-102

  • Nonconsumptive use of produced water in an oil and gas activity: means the transfer, use, temporary storage before disposal, transport, recycling, treatment, or other disposal of produced water in an oil and gas activity that does not reduce the volume of produced water. See Utah Code 40-12-101
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Produced water: means water that is:
         (7)(a)
              (7)(a)(i) extracted below the earth's surface by means of an oil or gas producing well; or
              (7)(a)(ii) separated from hydrocarbons after extraction; and
         (7)(b) required to be disposed of pursuant to board rules for waste management and disposal made pursuant to Subsection 40-6-5(3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 40-12-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A person may engage in the nonconsumptive use of produced water in an oil and gas activity only in a manner consistent with this chapter.
(3) Nothing in this chapter modifies the statutory enforcement and other duties of the state engineer under Title 73, Water and Irrigation, except as provided in Subsection 40-12-201(2).