Utah Code 40-8-24. Brine mining
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(1) As used in this section:
Terms Used In Utah Code 40-8-24
- Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-8-4
- Development: means the work performed in relation to a deposit following the deposit's discovery but before and in contemplation of production mining operations, aimed at preparing the site for mining operations, defining further the ore deposit by drilling or other means, conducting pilot plant operations, constructing roads or ancillary facilities, and other related activities. See Utah Code 40-8-4
- Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-8-4
- Exploration: includes :(13)(b)(i) sinking shafts;(13)(b)(ii) tunneling;(13)(b)(iii) drilling holes and digging pits or cuts;(13)(b)(iv) building of roads, and other access ways; and(13)(b)(v) constructing and operating other facilities related to the activities described in this Subsection (13)(b). See Utah Code 40-8-4
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes :
(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5- Order: means written information provided by the division or board to an operator or other parties, describing the compliance status of a permit or mining operation. See Utah Code 40-8-4
- 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
(1)(a) “Brine” means subterranean saltwater and all of the saltwater’s constituent parts and dissolved minerals contained in the saltwater, including:(1)(a)(i) bromine;(1)(a)(ii) magnesium;(1)(a)(iii) potassium;(1)(a)(iv) lithium;(1)(a)(v) boron;(1)(a)(vi) chlorine;(1)(a)(vii) iodine;(1)(a)(viii) calcium;(1)(a)(ix) strontium;(1)(a)(x) sodium;(1)(a)(xi) sulfur;(1)(a)(xii) barium; or(1)(a)(xiii) another chemical substance produced with or separated from the saltwater.(1)(b)(1)(b)(i) “Brine mining operation” means, through the use of a production well not involving operations on the Great Salt Lake, the exploration for, development of, or production of brine.(1)(b)(ii) “Brine mining operation” does not include the solution mining of salt for the primary purpose of creating subterranean cavern space for the storage of liquids or gases.(1)(c) “Multiple mineral development area” means an area designated by the board involving the management and development of various concurrent surface and sub-surface resource extraction operations, including exploratory activities, for the purpose of efficient and effective development of resources in the area without unreasonable interference.(2) The board, by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, may designate an area within the state as a multiple mineral development area for purposes of brine mining operations.(3) The board may:(3)(a) adjudicate and determine multiple mineral development conflicts among brine mining operations if there:(3)(a)(i) is potential injury to other mineral deposits on the land effected; or(3)(a)(ii) are simultaneous or concurrent operations conducted by other mineral owners or lessees affecting the lands effected; and(3)(b) enter an order with respect to a conflict described in Subsection (3)(a).(4)(4)(a) The division shall study brine mining operations within the state to evaluate current and potential regulation of brine mining operations, including:(4)(a)(i) determining which state agencies have jurisdiction over some or all of the activities related to brine mining operations;(4)(a)(ii) identifying necessary safety measures;(4)(a)(iii) addressing spacing of brine mining wells;(4)(a)(iv) addressing multiple mineral development; and(4)(a)(v) any other issue the division considers relevant to the regulation of brine mining operations.(4)(b) In conducting the study required by this Subsection (4), the division:(4)(b)(i) shall seek input from other state agencies, including:(4)(b)(i)(A) the Division of Forestry, Fire, and State Lands;(4)(b)(i)(B) the Division of Water Rights;(4)(b)(i)(C) the Department of Environmental Quality; and(4)(b)(i)(D) the School and Institutional Trust Lands Administration; and(4)(b)(ii) may select a consultant in accordance with Title 63G, Chapter 6a, Utah Procurement Code, to assist in the evaluation of current and potential regulation of brine mining operations.(4)(c) The division shall report the results of the study, including any recommendations for legislation, to the Natural Resources, Agriculture, and Environment Interim Committee on or before the committee’s 2024 October interim committee meeting.