Utah Code Title 73. Water and Irrigation § 73-3d-401. Definitions

(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:

(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:

(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.