§ 40-13-101 — Definitions.

As used in this chapter:
(1) "Artificial brine" means mineralized water formed by dissolving rock salt, evaporites, or other readily soluble rocks or minerals derived through artificial means.
(2) "Board" means the Board of Oil, Gas, and Mining.
(3) (3)(a) Except as provided in Subsection (3)(c), "brine" means subterranean saltwater and all of the saltwater's constituent parts and dissolved minerals contained in the saltwater if the saltwater:
(3)(a)(i) has total dissolved solids in excess of 20,000 parts per million; and
(3)(a)(ii) is not reasonably suitable for domestic or agricultural use.
(3)(b) "Brine" includes saltwater described in Subsection (3)(a) that has dissolved minerals contained within or extracted from the saltwater, such as:
(3)(b)(i) bromine;
(3)(b)(ii) magnesium;
(3)(b)(iii) potassium;
(3)(b)(iv) lithium;
(3)(b)(v) boron;
(3)(b)(vi) chlorine;
(3)(b)(vii) iodine;
(3)(b)(viii) calcium;
(3)(b)(ix) strontium;
(3)(b)(x) sodium;
(3)(b)(xi) sulphur;
(3)(b)(xii) barium; or
(3)(b)(xiii) other marketable minerals, elements, or substances produced with or separated from the saltwater.
(3)(c) "Brine" does not include produced water unless the produced water is saved, sold, or used for the purpose of extracting the dissolved minerals or other chemical substances contained in the produced water.
(4) "Brine field unit" means the formation by an order of the board of a unit of one or more brine reservoirs or parts of brine reservoirs in a field.
(5) (5)(a) "Brine mining operation" means the exploration for, development of, or production of brine, including naturally occurring brine and artificial brine, using production wells in excess of 7,500 feet in depth.
(5)(b) "Brine mining operation" does not include:
(5)(b)(i) operations at the surface to extract brine from the Great Salt Lake;
(5)(b)(ii) solution mining of salt for the primary purpose of creating subterranean caverns for the storage of liquids or gases;
(5)(b)(iii) in situ leaching for other minerals not defined as brine for the purposes of this chapter;
(5)(b)(iv) geothermal operations that do not include mineral extraction; and
(5)(b)(v) off-site operations and transportation.
(6) (6)(a) "Brine proceeds" means a payment that:
(6)(a)(i) derives from production of brine from a brine well located in the state;
(6)(a)(ii) is expressed as a right to a specified interest in the:
(6)(a)(ii)(A) cash proceeds received from the sale of the brine; or
(6)(a)(ii)(B) the cash value of the brine; and
(6)(a)(iii) is subject to any tax withheld from the payment pursuant to law.
(6)(b) "Brine proceeds" includes a:
(6)(b)(i) royalty interest;
(6)(b)(ii) overriding royalty interest;
(6)(b)(iii) production payment interest; or
(6)(b)(iv) working interest.
(6)(c) "Brine proceeds" does not include a net profits interest or other interest the extent of which cannot be determined with reference to a specified share of:
(6)(c)(i) the cash proceeds received from the sale of the brine; or
(6)(c)(ii) the cash value of the brine.
(7) "Brine production drilling unit" means each separate composite area of land designated as a brine product drilling unit by order of the board for the production of brine and the injection of effluent.
(8) "Brine well" means a well drilled or converted for the purpose of producing natural or artificial brine.
(9) "Consenting owner" means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a brine well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the brine well.
(10) "Correlative rights" means the opportunity of each owner in a reservoir to produce the owner's just and equitable share of the brine in the reservoir without waste.
(11) "Division" means the Division of Oil, Gas, and Mining.
(12) "Effluent" means the liquid and associated dissolved minerals remaining after extraction of the marketable substances from brine.
(13) "Facility" means equipment or a structure used in the production, storage, treatment, transportation, refining, or processing brine.
(14) "Field" means a general area underlaid by one or more brine reservoirs.
(15) "Leaching" means extracting a soluble metallic compound from an ore by selectively dissolving it in a suitable solvent, such as sulfuric acid or hydrochloric acid.
(16) "Manufacture" means the complete process of drilling, completing, equipping, and operating production and injection wells and of extracting and packaging brine.
(17) "Mineral" means a naturally occurring inorganic element or compound having an orderly internal structure and characteristic chemical composition, crystal form, and physical properties.
(18) "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 the concurrent marketable resources in the area without unreasonable interference occurring between the separate operations.
(19) "Nonconsenting owner" means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a brine well or agree to bear the owner's proportionate share of the costs.
(20) "Operating agreement" is a contract that outlines the rights and obligations of multiple parties involved in a project, including:
(20)(a) establishing who will act as the operator;
(20)(b) identifying the parties' property interests;
(20)(c) allocating costs, benefits, liabilities, and obligations; and
(20)(d) providing a structure for handling disputes and other issues that may arise.
(21) "Operator" means a person who is designated by the owners or the board to operate a brine well or brine production drilling unit.
(22) "Owner" means a person owning an interest in the dissolved minerals and other chemical substances produced with or extracted from brine, or in the brine proceeds including having the right to:
(22)(a) drill into and produce brine from a reservoir; and
(22)(b) appropriate the production for that person or for that person and others.
(23) "Payor" means the person who undertakes to distribute brine proceeds to the persons entitled to the brine proceeds, whether as the first purchaser of that production, as operator of the brine well from which the production is obtained, or as lessee under the lease on which royalty is due.
(24) "Permit" means a permit order issued by the division allowing a person to engage in brine mining operations in the state.
(25) "Permittee" means a person who:
(25)(a) holds a permit issued under this chapter; or
(25)(b) is required by this chapter to hold a permit.
(26) "Pooling" means the bringing together of separately owned interests for the common development and operation of a brine production drilling unit.
(27) "Produced water" means the same as that term is defined in Section 40-12-101.
(28) "Reservoir" means an underground natural container containing a common accumulation of brine, with each zone of a general structure that is completely separated from any other zone in the structure being a separate reservoir, and is a common source of supply.
(29) "Waste" means:
(29)(a) the inefficient, excessive, or improper use or the unnecessary dissipation of brine or reservoir energy;
(29)(b) the inefficient storing of brine, except for a solar evaporation pond permitted by the division; or
(29)(c) the locating, drilling, equipping, operating, or producing of a brine well in a manner that causes:
(29)(c)(i) a significant reduction in the economic recoverability of brine from a reservoir or the dissolved minerals or chemical substances contained therein;
(29)(c)(ii) injecting effluent or other wastes in a manner as to cause unnecessary water channeling or undue forced migration of brine between brine production drilling units;
(29)(c)(iii) the unapproved intrusion of brine and effluent into an oil or gas reservoir;
(29)(c)(iv) unnecessary brine wells to be drilled; or
(29)(c)(v) the loss or destruction of brine either at the surface or subsurface.

Legislative History

Enacted by Chapter 152, 2025 General Session