Terms Used In Utah Code > Title 59 > Chapter 5 - Severance Tax on Oil, Gas, and Mining

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: means the Board of Oil, Gas, and Mining created in Section 40-6-4. See Utah Code 59-5-101
• Condensate: means those hydrocarbons, regardless of gravity, that occur naturally in the gaseous phase in the reservoir that are separated from the natural gas as liquids through the process of condensation either in the reservoir, in the wellbore, or at the surface in field separators. See Utah Code 59-5-101
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Crude oil: means those hydrocarbons, regardless of gravity, that occur naturally in the liquid phase in the reservoir and are produced and recovered at the wellhead in liquid form. See Utah Code 59-5-101
• Deficiency: is a s defined in Section 59-1-1402. See Utah Code 59-1-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Oil, Gas, and Mining established under Title 40, Chapter 6, Board and Division of Oil, Gas, and Mining. See Utah Code 59-5-101
• Enhanced recovery project: means :
       (7)(a) the injection of liquids or hydrocarbon or nonhydrocarbon gases directly into a reservoir for the purpose of:

            (7)(a)(i) augmenting reservoir energy;

            (7)(a)(ii) modifying the properties of the fluids or gases in a reservoir; or

            (7)(a)(iii) changing the reservoir conditions to increase the recoverable oil, gas, or oil and gas through the joint use of two or more well bores; and
       (7)(b) a project initially approved by the board as a new or expanded enhanced recovery project on or after January 1, 1996. See Utah Code 59-5-101
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Fraud: Intentional deception resulting in injury to another.
• Gas: means :
            (8)(a)(i) natural gas;
            (8)(a)(ii) natural gas liquids; or
            (8)(a)(iii) any mixture of natural gas and natural gas liquids. See Utah Code 59-5-101
• Incremental production: means that part of production, certified by the Division of Oil, Gas, and Mining, which is achieved from an enhanced recovery project that would not have economically occurred under the reservoir conditions existing before the project and that has been approved by the division as incremental production. See Utah Code 59-5-101
• 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
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Lien: A claim against real or personal property in satisfaction of a debt.
• Metalliferous minerals: includes any ore, metal, or other substance containing the following:
            (1)(a)(i) aluminum;
            (1)(a)(ii) antimony;
            (1)(a)(iii) arsenic;
            (1)(a)(iv) barium;
            (1)(a)(v) beryllium;
            (1)(a)(vi) bismuth;
            (1)(a)(vii) boron;
            (1)(a)(viii) cadmium;
            (1)(a)(ix) calcium;
            (1)(a)(x) cerium;
            (1)(a)(xi) cesium;
            (1)(a)(xii) chromium;
            (1)(a)(xiii) cobalt;
            (1)(a)(xiv) columbium;
            (1)(a)(xv) copper;
            (1)(a)(xvi) gallium;
            (1)(a)(xvii) germanium;
            (1)(a)(xviii) gold;
            (1)(a)(xix) hafnium;
            (1)(a)(xx) indium;
            (1)(a)(xxi) iridium;
            (1)(a)(xxii) iron;
            (1)(a)(xxiii) lanthanum;
            (1)(a)(xxiv) lead;
            (1)(a)(xxv) lithium;
            (1)(a)(xxvi) manganese;
            (1)(a)(xxvii) mercury;
            (1)(a)(xxviii) molybdenum;
            (1)(a)(xxix) nickel;
            (1)(a)(xxx) osmium;
            (1)(a)(xxxi) palladium;
            (1)(a)(xxxii) platinum;
            (1)(a)(xxxiii) praseodymium;
            (1)(a)(xxxiv) rare earth metals;
            (1)(a)(xxxv) rhenium;
            (1)(a)(xxxvi) rhodium;
            (1)(a)(xxxvii) rubidium;
            (1)(a)(xxxviii) ruthenium;
            (1)(a)(xxxix) samarium;
            (1)(a)(xl) scandium;
            (1)(a)(xli) selenium;
            (1)(a)(xlii) silicon;
            (1)(a)(xliii) silver;
            (1)(a)(xliv) sodium;
            (1)(a)(xlv) strontium;
            (1)(a)(xlvi) tantalum;
            (1)(a)(xlvii) tellurium;
            (1)(a)(xlviii) thallium;
            (1)(a)(xlix) thorium;
            (1)(a)(l) tin;
            (1)(a)(li) titanium;
            (1)(a)(lii) tungsten;
            (1)(a)(liii) uranium;
            (1)(a)(liv) vanadium;
            (1)(a)(lv) yttrium;
            (1)(a)(lvi) zinc; or
            (1)(a)(lvii) zirconium. See Utah Code 59-5-201
• Mine: means an operation for extracting minerals and includes any deposit of valuable metalliferous minerals that are being extracted from a natural deposit, or a secondary source including tails, slag, waste dumps, or other similar secondary source, whether in solution or otherwise. See Utah Code 59-5-201
• Mining: includes the process of leaching minerals from their naturally occurring deposit. See Utah Code 59-5-201
• Natural gas: means those hydrocarbons, other than oil and other than natural gas liquids separated from natural gas, that occur naturally in the gaseous phase in the reservoir and are produced and recovered at the wellhead in gaseous form. See Utah Code 59-5-101
• Natural gas liquids: means those hydrocarbons initially in reservoir natural gas, regardless of gravity, that are separated in gas processing plants from the natural gas as liquids at the surface through the process of condensation, absorption, adsorption, or other methods. See Utah Code 59-5-101
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Oil: means :
            (12)(a)(i) crude oil;
            (12)(a)(ii) condensate; or
            (12)(a)(iii) any mixture of crude oil and condensate. See Utah Code 59-5-101
• Oil or gas field: means a geographical area overlying oil or gas structures. See Utah Code 59-5-101
• Oil shale: means a group of fine black to dark brown shales containing bituminous material that yields petroleum upon distillation. See Utah Code 59-5-101
• Ore: includes any metalliferous material whose metal content is less than 15% and does not include any material whose metal content is 15% or greater. See Utah Code 59-5-201
• Owner: means any person having a working interest, royalty interest, payment out of production, or any other interest in the oil or gas produced or extracted from an oil or gas well in the state, or in the proceeds of this production. See Utah Code 59-5-101
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• processing costs: means the reasonable actual costs of processing oil or gas to remove:
            (17)(a)(i) natural gas liquids; or
            (17)(a)(ii) contaminants. See Utah Code 59-5-101
• Producer: means any working interest owner in any lands in any oil or gas field from which gas or oil is produced. See Utah Code 59-5-101
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Recompletion: means any downhole operation that is:
       (19)(a) conducted to reestablish the producibility or serviceability of a well in any geologic interval; and
       (19)(b) approved by the division as a recompletion. See Utah Code 59-5-101
• Solid hydrocarbons: means :
       (22)(a) coal;
       (22)(b) gilsonite;
       (22)(c) ozocerite;
       (22)(d) elaterite;
       (22)(e) oil shale;
       (22)(f) tar sands; and
       (22)(g) all other hydrocarbon substances that occur naturally in solid form. See Utah Code 59-5-101
• 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
• Tar sands: means impregnated sands that yield mixtures of liquid hydrocarbon and require further processing other than mechanical blending before becoming finished petroleum products. See Utah Code 59-5-101
• transportation costs: means the reasonable actual costs of transporting oil or gas products from the well to the point of sale. See Utah Code 59-5-101
• Tribe: means the Ute Indian Tribe of the Uintah and Ouray Reservation. See Utah Code 59-5-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Well or wells: means any extractive means from which oil or gas is produced or extracted, located within an oil or gas field, and operated by one person. See Utah Code 59-5-101
• Wildcat well: means an oil and gas producing well which is drilled and completed in a pool, as defined under Section 40-6-2, in which a well has not been previously completed as a well capable of producing in commercial quantities. See Utah Code 59-5-101
• Working interest owner: means the owner of an interest in oil or gas burdened with a share of the expenses of developing and operating the property. See Utah Code 59-5-101
• Workover: means any downhole operation that is:
            (30)(a)(i) conducted to sustain, restore, or increase the producibility or serviceability of a well in the geologic intervals in which the well is currently completed; and
            (30)(a)(ii) approved by the division as a workover. See Utah Code 59-5-101
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5