73-31-102. Definitions.

482 words·~2 min read·/ut/title-73/chapter-31/73-31-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/12/2020

As used in this chapter:

(1)"Applicant" means:

(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

(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:

(a)a decree;

(b)a certificate of appropriation; or

(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 .

Enacted by Chapter 342 , 2020 General Session