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Utah Code
2025 Utah Code
Title 40 - Mines and Mining
Chapter 13 - Brine Conservation Act
Part 1 - General Provisions
Section 102 - Scope of chapter -- Political subdivisions.
Universal Citation:
UT Code § 40-13-102 (2025)
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Effective 5/7/2025
40-13-102. Scope of chapter -- Political subdivisions.
Enacted by Chapter 152, 2025 General Session
40-13-102. Scope of chapter -- Political subdivisions.
- (1)
- (a)The board has jurisdiction over the drilling and production of brine wells.
- (b)The board does not have jurisdiction over Class I, III, IV, or V wells regulated by the Department of Environmental Quality, pursuant to the federal Safe Drinking Water Act, 40 C.F.R. Parts 144 through 148, inclusive, and Title 19, Chapter 5, Water Quality Act.
- (2)The legislative body of a political subdivision may enact, amend, or enforce a local ordinance, resolution, or rule consistent with the political subdivision's general land use authority that:
- (a)regulates only surface activity that is incidental to brine mining operations;
- (b)does not effectively or unduly limit, ban, or prohibit brine mining operations; and
- (c)is not otherwise preempted by state or federal law.
Enacted by Chapter 152, 2025 General Session
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