Utah Code 73-33-203. Measuring volume and quality of water
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(1)
Terms Used In Utah Code 73-33-203
- Great Salt Lake water right: means a water right that allows for the diversion of surface water or groundwater from a point below the Great Salt Lake meander line and that contemplates the recovery of salts or another mineral or element, as defined in Section
65A-17-101 , from the water resource by precipitation or otherwise. See Utah Code 73-33-101 - Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) A person diverting water under a Great Salt Lake water right shall:(1)(a)(i) measure through the use of a physical measurement and not estimate or calculate the water or brine diverted from the Great Salt Lake as part of the mineral or element extraction process;(1)(a)(ii) keep a record of the measurements described in Subsection (1)(a)(i); and(1)(a)(iii) report the measurements described in Subsection (1)(a)(i) to the Division of Water Rights in accordance with rules made by the Division of Water Rights under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(1)(b) A duty described in Subsection (1)(a) does not replace or modify any other duty to measure water under this title or rules made under this title.
(2) A person diverting water under a Great Salt Lake water right shall:
(2)(a) measure the salinity of any discharge of water or brine from the person’s operations into the Great Salt Lake in accordance with rules made by the Division of Forestry, Fire, and State Lands in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2)(b) keep a record of the measurements described in Subsection (2)(a); and
(2)(c) report the measurements described in Subsection (2)(a) to the Division of Forestry, Fire, and State Lands in accordance with rules made by the Division of Forestry, Fire, and State Lands under Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(3)
(3)(a) On or before June 1, 2025, the Division of Water Quality, in consultation with the Division of Forestry, Fire, and State Lands, and in cooperation with the Great Salt Lake commissioner pursuant to Section 73-32-203 , shall make a rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, setting a limit for the salinity of water or brine that a person may discharge into the Great Salt Lake as part of the mineral or element extraction process.
(3)(b) If a person discharges water or brine that exceeds the limit imposed under Subsection (3)(a), the Division of Water Quality may modify, revoke and reissue, or terminate any permit issued by the Division of Water Quality related to the discharge.
(4) A person shall keep a record required under this section for a period of at least five years from the day on which the record is made.