(1) The board shall regulate produced water used in an oil and gas activity as provided in this title.

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 40-12-201

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-12-101
  • 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
  • Oil and gas activity: means the same as that term is defined in Section Utah Code 40-12-101
  • Operator: means a person authorized by the division to operate a unit for an oil or gas producing well. See Utah Code 40-12-101
  • 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
  • Transferee: means one of the following who receives a possessory interest in produced water:
         (9)(a) an operator;
         (9)(b) a person who provides recycling or treatment services for produced water; or
         (9)(c) a person who provides disposal services for produced water. See Utah Code 40-12-101
(2)

     (2)(a) The nonconsumptive use of produced water in an oil and gas activity is not:

          (2)(a)(i) an appropriation of water for beneficial use under Title 73, Water and Irrigation; or
          (2)(a)(ii) a waste of water.
     (2)(b) A water right is not established by the nonconsumptive use of produced water in an oil and gas activity.
     (2)(c) Notwithstanding Title 73, Water and Irrigation, the state engineer may not require an operator or transferee to obtain a water right for the nonconsumptive use of produced water in an oil and gas activity.