College of Law

Brine Mining


Exposed sandy bottom of Great Salt Lake with large salt crystals

Brine Mining

DATE: Thursday, February 13 2025
TIME: 12:00 pm - 1:00 pm MST
LOCATION: Offsite
COST: $15
1 hour CLE.
Register

Co-sponsored with the ENREL Section of the Utah State Bar
at the Clyde Snow Law Firm
(201 S Main St #2200, Salt Lake City, UT 84111)

ABOUT THE EVENT:

The global demand for electric vehicles and battery energy storage systems is driving a demand for lithium. Much of the known lithium resources in Utah are found in either the Great Salt Lake or deep saline aquifers.

Utah currently lacks a clear current regulatory framework to enable brine mining from deep saline aquifers. Being new, these operations pose novel questions about the role of water rights regulation, state benefits from mineral extraction, and protecting the interests of adjacent landowners. A panel of three experts will talk about the concerns and a potential framework for brine mining in Utah.

 

ABOUT THE SPEAKERS:

Emily Lewis, Director and Shareholder, Clyde Snow 

How Does Utah Water Law Inform Direct Lithium Extraction:
Direct lithium extraction is a new and potentially impactful means of acquiring lithium, a critical mineral that will be essential to the energy transition. Utah’s deep brine waters (water in aquifers 1000s of feet below the surface) may be a source of lithium and applications to appropriate water for these purposes are currently being sought in the State. These activities raise questions as to how Utah’s existing water laws inform and govern appropriation of waters for this use. In particular, how does water law interact with DLE deep brine extraction and processing when this activity is so new it has yet to have an explicit regulatory framework governing the unique nature of the process? How do we move forward with Utah’s mandate to put public waters to beneficial use yet ensure our water laws work in concert with sister regulatory regimes and protect the public.

 

Dustin Doucet, Engineering Manager, Utah Division of Oil, Gas and Mining

Challenges and Solutions for Managing Deep Well Brine Mining in Utah: Ensuring Safe and Sustainable Resource Extraction
Although the mining of brine has taken place in Utah dating back to the production of potash in the early 1900’s, it is not until the recent growing demand for lithium and the resulting deep well drilling for the brine containing that resource that unique challenges for regulating and managing resource extraction have been brought to light. Because brine is not static and can move through porous, permeable underground formations and often is found quite deep, the current framework in place for typical mining practices, protection of correlative rights, and the standards for well construction and safety are not adequate. This presentation will touch on some of the conflicts created by deep well brine mining, what is currently being done to mitigate these issues and how to create a stable business environment for companies looking to develop Utah’s rich mineral resources.

 

Mike Begley, Assistant Attorney General, Division of Natural Resources

Managing the Mineral Estate of a Terminal, Saline Lake – Developing a Lithium Extraction Regulatory Paradigm for Great Salt Lake
Mineral extraction on Great Salt Lake has been occurring for over 120 years. However, a prolonged drought has presented obstacles on how to regulate mineral extraction based on low lake levels. These challenges reached a crescendo in 2024 when both legacy operators and start-ups wanted to explore lithium production on Great Salt Lake. A collision of new and old extractive technologies, together with a clear legislative policy directive for reducing water depletion, produced House Bill 454 as well as a robust set of newly promulgated regulations for guiding lithium development on Great Salt Lake. This presentation will outline the history and development of the current regulatory paradigm for developing lithium from the brines of Great Salt Lake together with some “lessons learned” as Utah explores a regulatory structure for effectively and efficiently producing elements and minerals from deep brines.

 

Please contact sectionsupport@utahbar.org with questions.


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