As used in this chapter: (1) "Board" means the Board of Oil, Gas, and Mining. (2) "Division" means the Division of Oil, Gas, and Mining. (3) "Nonconsumptive use of produced water in an oil and gas activity" means the transfer, use, temporary storage before disposal, transport, recycling, treatment, or other disposal of produced water in an oil and gas activity that does not reduce the volume of produced water. (4) "Oil and gas activity" means the same as that term is defined in Section 40-6-2.5. (5) "Oil or gas producing well" means a well that, at the time produced water is brought to the surface, is a drillhole boring in earth that is intended to bring and does bring hydrocarbons and associated fluids to the surface. (6) "Operator" means a person authorized by the division to operate a unit for an oil or gas producing well. (7) "Produced water" means water that is: (a) (i) extracted below the earth's surface by means of an oil or gas producing well; or (ii) separated from hydrocarbons after extraction; and (b) required to be disposed of pursuant to board rules for waste management and disposal made pursuant to Subsection 40-6-5(3) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. (8) "Transfer" means to sell or otherwise convey. (9) "Transferee" means one of the following who receives a possessory interest in produced water: (a) an operator; (b) a person who provides recycling or treatment services for produced water; or (c) a person who provides disposal services for produced water.
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