Current through the 2024 Fourth Special Session
Section 40-8-24 - Brine mining(1) As used in this section:(a) "Brine" means subterranean saltwater and all of the saltwater's constituent parts and dissolved minerals contained in the saltwater, including:(xiii) another chemical substance produced with or separated from the saltwater.(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.(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.(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:(a) adjudicate and determine multiple mineral development conflicts among brine mining operations if there: (i) is potential injury to other mineral deposits on the land effected; or(ii) are simultaneous or concurrent operations conducted by other mineral owners or lessees affecting the lands effected; and(b) enter an order with respect to a conflict described in Subsection (3)(a).(4)(a) The division shall study brine mining operations within the state to evaluate current and potential regulation of brine mining operations, including:(i) determining which state agencies have jurisdiction over some or all of the activities related to brine mining operations;(ii) identifying necessary safety measures;(iii) addressing spacing of brine mining wells;(iv) addressing multiple mineral development; and(v) any other issue the division considers relevant to the regulation of brine mining operations.(b) In conducting the study required by this Subsection (4), the division:(i) shall seek input from other state agencies, including: (A) the Division of Forestry, Fire, and State Lands;(B) the Division of Water Rights;(C) the Department of Environmental Quality; and(D) the School and Institutional Trust Lands Administration; and(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.(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.Added by Chapter 76, 2024 General Session ,§ 1, eff. 5/1/2024.