40-12 - Produced Water Act
Title 40 > 40-12
Sections (4)
General Provisions
40-12-101 - Definitions.
As used in this chapter:
(1) “Board” means the Board of Oil, Gas, and Mining.
(2) “Division” means the Division of Oil, Gas, and Mining.
(3) “Nonconsumptive use of produced water in an oil and gas activity” means the transfer, use, temporary storage before disposal, transport, recycling, treatment, or other disposal of produced water in an oil and gas activity that does not reduce the volume of produced water.
(4) “Oil and gas activity” means the same as that term is defined in Section 40-6-2.5.
(5) “Oil or gas producing well” means a well that, at the time produced water is brought to the surface, is a drillhole boring in earth that is intended to bring and does bring hydrocarbons and associated fluids to the surface.
(6) “Operator” means a person authorized by the division to operate a unit for an oil or gas producing well.
(7) “Produced water” means water that is:extracted below the earth’s surface by means of an oil or gas producing well; orseparated from hydrocarbons after extraction; andrequired to be disposed of pursuant to board rules for waste management and disposal made pursuant to Subsection 40-Ch40_6|40-6-5] and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(8) “Transfer” means to sell or otherwise convey.
(9) “Transferee” means one of the following who receives a possessory interest in produced water:an operator;a person who provides recycling or treatment services for produced water; ora person who provides disposal services for produced water.
Enacted by Chapter 58, 2024 General Session
40-12-102 - Scope of chapter.
(1) This chapter does not authorize the use of produced water as part of a consumptive beneficial use without a water right.
(2) A person may engage in the nonconsumptive use of produced water in an oil and gas activity only in a manner consistent with this chapter.
(3) Nothing in this chapter modifies the statutory enforcement and other duties of the state engineer under Title 73, Water and Irrigation, except as provided in Subsection 40-Ch40_12|40-12-201].
Enacted by Chapter 58, 2024 General Session
Produced Water in General
40-12-201 - Regulation by board - Water rights.
(1) The board shall regulate produced water used in an oil and gas activity as provided in this title.
(2) The nonconsumptive use of produced water in an oil and gas activity is not:an appropriation of water for beneficial use under Title 73, Water and Irrigation; ora waste of water.A water right is not established by the nonconsumptive use of produced water in an oil and gas activity.Notwithstanding Title 73, Water and Irrigation, the state engineer may not require an operator or transferee to obtain a water right for the nonconsumptive use of produced water in an oil and gas activity.
Enacted by Chapter 58, 2024 General Session
40-12-202 - Responsibility and control of produced water.
(1) Unless otherwise provided by statute or a legally binding agreement, this section applies.
(2) Produced water from an oil or gas producing well is the responsibility of the operator of the oil or gas producing well.The operator has a possessory interest in produced water from a oil and gas activity, including the right to:take possession of the produced water;engage in the nonconsumptive use of produced water in an oil and gas activity; andobtain proceeds from an action described in this Subsection (2)(b).
(3) When a person with a possessory interest in produced water under Subsection (2) transfers the produced water to a transferee, upon transfer, the transferee has a possessory interest in the produced water and is liable for the disposal of the produced water.
Enacted by Chapter 58, 2024 General Session