Utah Code 65A-17-202. Emergency management responsibilities of the division
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(1) When the Great Salt Lake reaches the emergency trigger, the division:
Terms Used In Utah Code 65A-17-202
- Adaptive management berm: means a berm installed in the UP causeway breach to manage salinity to protect the ecosystem of Gilbert Bay. See Utah Code 65A-17-101
- 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
- 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(1)(a) may construct, operate, modify, and maintain the adaptive management berm;(1)(b) may construct, operate, modify, and maintain one or more additional berms, dikes, structures, or management systems consistent with the authority granted in this title;(1)(c) may enter into agreements as necessary to provide for all or a portion of a berm, dike, system, or structure;(1)(d) is exempt from Title 63G, Chapter 6a, Utah Procurement Code, when acting to manage the Great Salt Lake under this section;(1)(e) is not liable for a third-party claim resulting from the division’s actions to manage the Great Salt Lake under this section;(1)(f) may decline to issue a new permit, authorization, or agreement and may curtail mineral or element production for leases that contain provisions contemplating curtailment or similar contractual remedies;(1)(g) may implement mineral lease withdrawal over one or more of the following:(1)(g)(i) portions of the Great Salt Lake;(1)(g)(ii) specific methods of extraction; or(1)(g)(iii) specific Great Salt Lake elements or minerals as defined in Section
65A-6-4 ; and(1)(h) may require the implementation of one or more of the following:(1)(h)(i) extraction methods that are non-depletive in nature;(1)(h)(ii) mitigation to offset depletion; or(1)(h)(iii) innovative extraction technologies.
(2) The division shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the procedures the division shall follow in taking an action described in Subsection (1).