(1) An Operator may submit a Secondary Recovery Royalty Application to the division demonstrating the Operator's Secondary Recovery Process:
- (a) will, based on reasonable belief, produce a marketable product; and
- (b) will not use water or brine from Great Salt Lake, or any hydrological connection thereto, in the processing and production of a Great Salt Lake Element or Mineral and, therefore, has No Negative Impact to the Biota and Chemistry of Great Salt Lake.
- (2) Upon approval of a Secondary Recovery Application, the division shall enter into a Secondary Recovery Royalty Agreement with the Operator.
- (3) The royalty rate in a Secondary Recovery Royalty Agreement for Lithium Carbonate, Lithium Sulfate, or Lithium Hydroxide shall be the Non-Evaporative Royalty Rate.
- (4) The Secondary Recovery Royalty Rate is further subject to the Variable-Rate Royalty Schedule provided in Section R652-21-1006.
KEY: mineral extraction; Great Salt Lake.
Date of Last Change: October 8, 2024
Authorizing, and Implemented or Interpreted Law: 65A-1-4; 65A-6-2; 65A-6-4; 65A-17-102; 65A-17-201; 65A-17-202; 65A-17-203; 65A-17-302; 65A-17-303; 65A-17-304; and 65A-17-306.