R652-21-1402. Emergency Trigger Duties of the Division

Upon reaching the Emergency Trigger, and if the division finds the following actions will directly contribute to improved ecological conditions required for healthy brine shrimp and brine fly reproduction: (1) the division may, in its sole discretion, construct, operate, modify, and maintain the adaptive management berm and any additional berms, dikes, structures, or management systems, if in a manner consistent with Section 65A-17-202 and the public trust; (2) the division may enter into agreements as necessary to provide for the construction of all or a portion of a berm, dike, system, or structure, if the division finds such agreements are consistent with the public trust; (3) the division may curtail mineral production for leases containing provisions contemplating curtailment or similar contractual remedies; (4) the division may, at its sole discretion, withdraw mineral leases over: (a) portions of Great Salt Lake; (b) specific methods of extraction; or (c) specific Great Salt Lake Elements and Minerals. (5) the division may, at its sole discretion, decline to issue a new permit, authorization, or agreement; and (6) the division may require Operators to implement extraction methods which do not deplete water or brine, mitigate to offset Brine Depletion, or implement Emergent Technologies.