R652-21-1003. Royalty Rate for Lithium Produced Exclusively Through Secondary Recovery Processes

(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.