Terms Used In Utah Code > Title 65A > Chapter 17 > Part 3 - Mineral or Element Extraction

• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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}
• Commercially viable technology: means a technology that:
       (2)(a) has been successfully implemented on a commercial scale in similar conditions;
       (2)(b) is shown to be economically viable; and
       (2)(c) is reasonably compatible with the operator's overall extraction process. See Utah Code 65A-17-101
• Common source of supply: means the mineral or element estate contained within the Great Salt Lake meander line. See Utah Code 65A-17-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
• Emergency trigger: means the salinity levels of the Gilbert Bay of the Great Salt Lake do not satisfy the ecological conditions required for healthy brine shrimp and brine fly reproduction. See Utah Code 65A-17-101
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Great Salt Lake elevation: means the elevation of the Great Salt Lake as measured by the United States Geological Survey gauging station 10010000 located at Saltair Boat Harbor, Utah. See Utah Code 65A-17-101
• Great Salt Lake meander line: means the official meander line, completed in 1966, of the Great Salt Lake unless otherwise established by court order or negotiated boundary settlement. See Utah Code 65A-17-101
• 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}
• Mineral or element: means :
       (10)(a) a rare earth element;
       (10)(b) a trace element or mineral;
       (10)(c) a chemical compound that includes a rare earth element or trace element or mineral; or
       (10)(d) a mineral or element that is attached, embedded to, or is a by-product of another mineral or element. See Utah Code 65A-17-101
• Mitigation plan: means an agreement entered into on or after May 1, 2024, among the operators and the division for resolving issues arising from concurrent operations. See Utah Code 65A-17-101
• Multiple mineral development area: means an area involving the management of various surface and sub-surface resources so that they are used in the combination that will best meet present and future needs. See Utah Code 65A-17-101
• 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.
• Operator: means a person qualified to do business in the state pursuing the extraction of minerals or elements from the Great Salt Lake. See Utah Code 65A-17-101
• Paying quantities: means the revenue generated from the sale of the mineral or element being produced exceeds the costs associated with obtaining the mineral or element, including any royalty obligation. See Utah Code 65A-17-101
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public trust assets: means the same as that term is defined in Section 65A-1-1. See Utah Code 65A-17-101
• Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
• 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
• Statute: A law passed by a legislature.
• waste: means :
            (18)(a)(i) the failure of an operation to provide the state with a full and fair return on each separately identified mineral or element;
            (18)(a)(ii) an unnecessary depletion, diminishment, or reduction of the quantity or quality of a mineral or element; or
            (18)(a)(iii) imprudent and uneconomical operations. See Utah Code 65A-17-101