Utah Code 65A-17-304. Concurrent operations — Breach, disagreement, or conflict — Disputes
Current as of: 2024 | Check for updates
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(1) Two or more operators may conduct concurrent operations on the Great Salt Lake under a cooperative agreement upon stipulation and agreement that the operations can be:
Terms Used In Utah Code 65A-17-304
- Division: means the Division of Forestry, Fire, and State Lands. See Utah Code 65A-1-1
- Mitigation plan: means an agreement entered into on or after May 1, 2024, among the operators and the division for resolving issues arising from concurrent operations. See Utah Code 65A-17-101
- 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
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) conducted simultaneously without unreasonably interfering with the value of the resources being produced;
(1)(b) conducted simultaneously without unreasonably interfering with natural resources of the Great Salt Lake; and
(1)(c) conducted without unreasonably interfering with, or unnecessarily raising the cost of operations of another operator, unless the other affected operator is compensated for increased costs or diminished returns.
(2) The division shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, providing for the procedures the division and operators shall follow to:
(2)(a) enable the division to enforce applicable statutes and rules on operators, including the issuance of notices of violation or cessation orders;
(2)(b) assist in the timely resolution of disputes that may arise during the formation of a cooperative agreement;
(2)(c) cure a breach of a mitigation plan; or
(2)(d) resolve a continued disagreement or conflict regarding continued negative impacts to biota or chemistry due to continuing concurrent operations.
(3) If any dispute between operators under Subsection (2) has not been resolved through an informal administrative dispute resolution process created by the division, the division shall resolve the dispute by a final record of decision to be issued no more than 30 days after notice to the division by an aggrieved operator that informal dispute resolution has been unsuccessful.