The Operator agrees the division has the discretion and power to require an existing Operator to use Emergent Technologies to minimize water depletions caused by the current or planned mineral extraction as a condition of continued operations. Before requiring an Operator to implement any such Emergent Technologies, those technologies must be Commercially Viable Technologies, as defined in Section 65A-17-101, and the Operator shall be given a period of time, that is at least five years but does not exceed seven years from the day on which the division formally determines and communicates in writing that the technology is a Commercially Viable Technology for the given Operator, to implement such Emergent Technologies which minimize water depletion.
The Operator shall accurately report to the division the volume of Brine Depletion and any reductions in the volume of Brine Depletion resulting from the implementation of any Emergent Technology.
Utah Admin. Code R652-21-818