Utah Code 40-12-202. Responsibility and control of produced water
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(1) Unless otherwise provided by statute or a legally binding agreement, this section applies.
Terms Used In Utah Code 40-12-202
- 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 - Oil or gas producing well: means a well that, at the time produced water is brought to the surface, is a drillhole boring in earth that is intended to bring and does bring hydrocarbons and associated fluids to the surface. See 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
- 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 Subsection40-6-5 (3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 40-12-101- Statute: A law passed by a legislature.
- Transfer: means to sell or otherwise convey. See Utah Code 40-12-101
- 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) Produced water from an oil or gas producing well is the responsibility of the operator of the oil or gas producing well.(2)(b) The operator has a possessory interest in produced water from a oil and gas activity, including the right to:(2)(b)(i) take possession of the produced water;(2)(b)(ii) engage in the nonconsumptive use of produced water in an oil and gas activity; and(2)(b)(iii) obtain proceeds from an action described in this Subsection (2)(b).(3) When a person with a possessory interest in produced water under Subsection (2) transfers the produced water to a transferee, upon transfer, the transferee has a possessory interest in the produced water and is liable for the disposal of the produced water. - Produced water: means water that is: