(1) The board shall regulate produced water used in an oil and gas activity as provided in this title. (2) (a) The nonconsumptive use of produced water in an oil and gas activity is not: (i) an appropriation of water for beneficial use under Title 73, Water and Irrigation; or (ii) a waste of water. (b) A water right is not established by the nonconsumptive use of produced water in an oil and gas activity. (c) Notwithstanding Title 73, Water and Irrigation, the state engineer may not require an operator or transferee to obtain a water right for the nonconsumptive use of produced water in an oil and gas activity.
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