§ 73-31-102 — Definitions.

Utah § 73-31-102

• Jurisdiction: Utah
• Title 73: Water and Irrigation
• Ch. 73-31: Water Banking Act
• Part 73-31-1: General Provisions

Text

As used in this chapter:
(1) "Applicant" means:

(1)(a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or
(1)(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks.
(2) "Application" means an application submitted to the board to approve a water bank.
(3) "Approved change application" means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or 73-3-3.5.
(4) "Banked water right" means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application.
(5) "Board" means the Board of Water Resources.
(6) "Borrower" means a person seeking to use a banked water right within a water bank's service area.
(7) "Contract water bank" means a water bank created pursuant to Part 3, Contract Water Banks.
(8) "Delivery request" means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application.
(9) "Deposit" means depositing a banked water right for use within the service area of a water bank.
(10) "Depositor" means a person seeking to deposit a water right in a water bank.
(11) "Hereafter use" means the conditions of use the state engineer authorizes for a banked water right during the term of an approved change application.
(12) "Heretofore use" means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right.
(13) "Loaned water rights" means a banked water right that is used pursuant to an approved delivery request.
(14) "Perfected water right" means a water right evidenced by:

(14)(a) a decree;
(14)(b) a certificate of appropriation; or
(14)(c) a proposed determination or court order issued in a general adjudication.
(15) "Public entity" means the same as that term is defined in Section 73-1-4 except for the United States or an agency of the United States.
(16) "Reporting year" means November 1 through October 31.
(17) "Service area" means the geographic area where a water bank is approved to operate and operates.
(18) "State engineer" means the state engineer appointed under Section 73-2-1.
(19) "Statutory water bank" means a water bank created pursuant to Part 2, Statutory Water Banks.
(20) "Water bank" means a contract water bank or a statutory water bank.
(21) "Water banking website" means a website overseen by the board in accordance with Section 73-31-103.

Legislative History

Enacted by Chapter 342, 2020 General Session