Utah Code

Utah Code § 40-6-1 (2026)

Declaration of public interest

✓ laws through the 2026 General Session (checked Sept. 2026)
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It is declared to be in the public interest to foster, encourage, and promote the development, production, and utilization of natural resources of oil and gas in the state of Utah in such a manner as will prevent waste; to authorize and to provide for the operation and development of oil and gas properties in such a manner that a greater ultimate recovery of oil and gas may be obtained and that the correlative rights of all owners may be fully protected; to provide exclusive state authority over oil and gas exploration and development as regulated under the provisions of this chapter; to encourage, authorize, and provide for voluntary agreements for cycling, recycling, pressure maintenance, and secondary recovery operations in order that the greatest possible economic recovery of oil and gas may be obtained within the state to the end that the land owners, the royalty owners, the producers, and the general public may realize and enjoy the greatest possible good from these vital natural resources.

Enacted by Chapter 205, 1983 General Session

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1983–2025 · leading case: Bennion v. Utah State Bd. of Oil, 675 P.2d 1135 (Utah 1983).
Bennion v. Utah State Bd. of Oil, 675 P.2d 1135 (Utah 1983). · cites it 4× “, 1953, § 40-6-1, et seq. After extensive hearings, the Board of Oil, Gas and Mining (“the Board”) ruled for the operator, Shell Oil Co.”
J.P. Furlong Co. v. Bd. of Oil, 2018 UT 22, 424 P.3d 858. · cites it 2× “lative rights of all owners may be fully protected; to provide exclusive state authority over oil and gas exploration and development as regulated under the provisions of this chapter; to encourage, authorize, and provide for voluntary agreements for cycling, recycling, pressure…”
Bennion v. ANR Prod. Co., 819 P.2d 343 (Utah 1991). · cites it 2× “Utah Code Ann. § 40-6-1 (1988). Bennion argues that the modification of the 1981 order requiring him to pay nonconsent penalties for the second well does not protect his correlative rights pursuant to the statutory directive.”
Adkins v. Bd. of Oil, 926 P.2d 880 (Utah 1996). · cites it 3× “The Act provides protection for “correlative rights,” § 40-6-1, defined as “the opportunity of each owner in a pool to produce his just and equitable share of oil and gas in a pool without waste.”
Roussel v. State, 2025 UT 5, 567 P.3d 550. · cites it 2× “§ 40-6-1. ¶13 Fifth and finally, the youth plaintiffs challenge the rule of construction found in the Oil and Gas Conservation Act, under which the act shall never be construed to require, permit or authorize the board or any court to make, enter or enforce any order, rule,…”
Bennion v. Gulf Oil Corp., 716 P.2d 267 (Utah 1985). · cites it 5× “, 1953, §§ 40-6-1 to -19 (1981). By a 1972 order of the Board, Gulf was the producer authorized to drill the single production well allowed on the 640-acre unit.”
Hegarty v. Bd. of Oil, 2002 UT 82, 57 P.3d 1042. · cites it 5× “HOWE, Justice: INTRODUCTION ¶ 1 Petitioner Patrick Hegarty seeks review of a Board of Oil, Gas, and Mining order imposing a 225% nonconsent penalty and denying retroactive pooling under the Utah Oil and Gas Conservation Act, codified at Utah Code Ann. §§ 40-6-1 to -19 (1998),…”
Cowling v. Bd. of Oil, 830 P.2d 220 (Utah 1991). · cites it 2× “” Utah Code Ann. § 40-6-1 (Supp.1983). These objectives are significantly interrelated.”
Sam H. Bennion v. Utex Oil Co., 905 F.2d 324 (10th Cir. 1990). · cites it 2× “Bennion, a nonconsent-ing mineral owner under the Utah Oil and Gas Conservation Act, Utah Code Ann. §§ 40-6-1 to 40-6-18, brought this diversity suit seeking to compel defendants Shell Western E & P, Inc.”
Cowling v. Bd. of Oil, 830 P.2d 220 (Utah 1991). · cites it 2× “The 1983 Act was intended to promote the following purposes, among others: the development of oil and gas in a manner that would (1) prevent waste; (2) provide for the development and operation of oil and gas properties so as to maximize ultimate recovery; and (3) protect the…”
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