Utah Code 65A-17-301. General royalty agreement provisions — State action regarding evaporation ponds and leaseholds
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(1) In addition to the requirements of Section 65A-6-4 , the division shall ensure that a royalty agreement:
Terms Used In Utah Code 65A-17-301
- Common source of supply: means the mineral or element estate contained within the Great Salt Lake meander line. See Utah Code 65A-17-101
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Operator: means a person qualified to do business in the state pursuing the extraction of minerals or elements from the Great Salt Lake. See Utah Code 65A-17-101
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Sovereign lands: means those lands lying below the ordinary high water mark of navigable bodies of water at the date of statehood and owned by the state by virtue of its sovereignty. See Utah Code 65A-1-1
- waste: means :
(18)(a)(i) the failure of an operation to provide the state with a full and fair return on each separately identified mineral or element;(18)(a)(ii) an unnecessary depletion, diminishment, or reduction of the quantity or quality of a mineral or element; or(18)(a)(iii) imprudent and uneconomical operations. See Utah Code 65A-17-101(1)(a) obligates the lessee to extract minerals or elements in a manner that prevents waste to the common source of supply;(1)(b) obligates the lessee to extract minerals or elements in a manner that avoids negative impacts to any natural resources of the Great Salt Lake;(1)(c) contains terms and conditions wherein the lessee agrees to extract minerals or elements in a manner that preserves and conserves ecological integrity and healthy salinity levels; and(1)(d) contains terms and conditions wherein the lessee represents and warrants full compliance, at the lessee’s sole expense, with the management decisions and instructions of the division and director for preservation of minerals or elements and natural resources of the Great Salt Lake.(2)(2)(a) The division may acquire the property interest in land or a mineral estate for a solar evaporation pond on sovereign lands and an improvement, property, easement, or right-of-way appurtenant to the solar evaporation pond by any lawful means, including eminent domain, as described in Sections78B-6-501 and78B-6-502 .(2)(b) The division may not implement this Subsection (2) to acquire a property interest in land or a mineral estate that is not in or on sovereign land.(2)(c) The division may not implement this Subsection (2) on property interests in land or mineral estates held by an operator who, in an agreement with the division, has relinquished property interests in land or mineral estates.(2)(d) Only the division may implement this Subsection (2).