§ 73-3d-401 — Definitions.

As used in this part:
(1) "Arbitration" means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented.
(2) "Commission" means the Conservation Commission created in Section 4-18-104.
(3) "Consequential damages" means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including:

(3)(a) loss of sales or operating revenue;
(3)(b) damage to equipment; or
(3)(c) damage to capital facilities or operational assets.
(4) "Department" means the Department of Agriculture and Food.
(5) "Fund" means the Agriculture Resource Development Fund created in Section 4-18-106.
(6) "Interrupted user" means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is:

(6)(a) the holder or lessee of an approved application to appropriate water that is interrupted;
(6)(b) the record or equitable holder or lessee of a perfected water right that is interrupted; or
(6)(c) the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted.
(7) "Mediation" means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement.
(8) "Preferential user" means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency.

Legislative History

Enacted by Chapter 126, 2023 General Session