(1) This chapter does not authorize the use of produced water as part of a consumptive beneficial use without a water right.
(2) A person may engage in the nonconsumptive use of produced water in an oil and gas activity only in a manner consistent with this chapter.
(3) Nothing in this chapter modifies the statutory enforcement and other duties of the state engineer under Title 73, Water and Irrigation, except as provided in Subsection 40-12-201(2).