Section 17-41-501 - Vested mining use - Conclusive presumption(1)(a) A mining use is conclusively presumed to be a vested mining use if the mining use existed or was conducted or otherwise engaged in before a political subdivision prohibits, restricts, or otherwise limits the mining use.(b) Anyone claiming that a vested mining use has not been established has the burden of proof to show by clear and convincing evidence that the vested mining use has not been established.(2) A vested mining use: (a) runs with the land; and(b) may be changed to another mining use without losing its status as a vested mining use.(3) The present or future boundary described in the large mine permit of a mine operator with a vested mining use does not limit: (a) the scope of the mine operator's rights under this chapter; or(b) the protection that this chapter provides for a mining protection area.(4)(a) A mine operator with a vested mining use shall file a declaration for recording in the office of the recorder of the county in which the vested mining use is located.(b) A declaration under Subsection (4)(a) shall: (i) contain a legal description of the land included within the vested mining use; and(ii) provide notice of the vested mining use.Enacted by Chapter 376, 2009 General Session.