Full text of Utah Utah Code § 40-13-402 — Payment of brine proceeds., with citation guidance and answers to common questions.
§ 40-13-402. Payment of brine proceeds.
Effective 5/7/2025 40-13-402.
Payment of brine proceeds.
(1)
(a)
A payor shall pay the brine proceeds derived from the sale of the minerals extracted from the brine to persons legally entitled to payment of the brine proceeds not later than 180 days after the date of first sale, and thereafter not later than 60 days after the end of the calendar month within which brine proceeds are received for subsequent production.
(b)
A payor shall make a payment directly to the person entitled to the payment by the payor.
(c)
A payor shall include the following information with each payment made to a person entitled to payment of brine proceeds from the sale of the mined minerals:
(i)
unit identification;
(ii)
month and year of sales included in the payment;
(iii)
total volume of production from the unit of brine and volumes of minerals extracted;
(iv)
owner's interest, expressed as a decimal, in production from the unit;
(v)
total value of extracted dissolved minerals and chemical substances, including the price per unit of measurement at which the products were sold;
(vi)
owner's share of the total value of sales prior to any deductions;
(vii)
owner's share of the total value of sales after any deductions; and
(viii)
a detailed listing of the amount and purpose of any deductions.
(2)
(a)
A delay in determining whether a person is legally entitled to an interest in the brine proceeds does not affect payments to other persons entitled to payment.
(b)
If accrued payments cannot be made within the time limits specified in Subsection (1), the payor shall deposit the brine proceeds credited to the eventual brine proceeds owner to an escrow account in a federally insured bank or savings and loan institution using a standard escrow document form.
(c)
An escrow agent shall pay the principal and accrued interest from the escrow account to the person legally entitled to the principal and interest within 30 days from the date of receipt by the escrow agent of final legal determination of entitlement to the payment.
Section 40-13-402 ("Payment of brine proceeds.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 40-13-402?
A common citation format is "Utah Code § 40-13-402" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 40-13-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
