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Current as of January 01, 2025 | Updated by Findlaw Staff
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.
Cite this article: FindLaw.com - Utah Code Title 73. Water and Irrigation § 73-31-102. Definitions - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-73-water-and-irrigation/ut-code-sect-73-31-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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