School and Institutional Trust Lands, Administration

Rule R850-27

Geothermal Steam

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 33536
Filed: 04/01/2010 08:29:43 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Subsection 53C-1-302(1)(a)(ii) and Title 53C, Chapter 2, authorize the Director of the School and Institutional Trust Lands Administration to establish rules for the issuance of leases and management of trust-owned lands and resources.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

A written comment was received from the Department of Natural Resources, Division of Water Rights in February, 2005, during the advertising period and prior to the enactment of this rule. The comment stated that they believed this rule would benefit from additions or amendments providing a fuller definition of "geothermal steam" as contemplated in the rule, as well as a reference to the Division of Water Rights' Administrative Rule R655-1. This comment was reviewed and considered prior to the enactment and effective date of this rule on 04/01/2005. No other written comments have been received since the enactment five years ago.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides the commodity-specific provisions for the leasing and management of geothermal steam resources on trust-owned lands throughout the State of Utah. It sets forth the guidelines and procedures whereby the agency may conduct business and that the customer may follow in relation to this resource. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

• Thomas Faddies at the above address, by phone at 801-538-5150, by FAX at 801-355-0922, or by Internet E-mail at tomfaddies@utah.gov

Effective:

04/01/2010

Authorized by:

Kevin Carter, Director