§ 73-1-1 Waters declared property of public
§ 73-1-2 Unit of measurement — Of flow — Of volume
§ 73-1-3 Beneficial use basis of right to use
§ 73-1-4 Reversion to the public by abandonment or forfeiture for nonuse within seven years — Saved water — Nonuse application
§ 73-1-4.5 Authorization for water companies to allocate water rights lost by forfeiture or nonuse — Redemption and retirement of water shares
§ 73-1-5 Use of water a public use
§ 73-1-6 Eminent domain — Purposes
§ 73-1-7 Enlargement for joint use of ditch
§ 73-1-8 Duties of owners or operators — Bridges and trails — Liability
§ 73-1-9 Contribution between joint owners of ditch or reservoir
§ 73-1-10 Conveyance of water rights — Deed — Exceptions — Filing and recording of deed — Report of water right conveyance
§ 73-1-11 Appurtenant water rights pass to grantee of land — Exceptions — Conveyance of a portion of irrigated land — Right to the use of water evidenced by shares of stock — Appurtenant water rights — Evidence — Where appurtenant — Partial conveyances of wa
§ 73-1-12 Failure to record — Effect
§ 73-1-13 Corporations — One water company may own stock in another
§ 73-1-14 Acts against water facilities or interfering with apportioning official — Penalty and liability
§ 73-1-15 Obstructing or change of water facilities — Penalties
§ 73-1-15.5 Relocation of easements for a water conveyance facility — Alteration of a water conveyance facility
§ 73-1-16 Petition for hearing to determine validity — Notice — Service — Pleading — Costs — Review
§ 73-1-17 Borrowing from federal government authorized
§ 73-1-18 Bonds issued — Interest — Lien
§ 73-1-19 State, agency, county, city or town — Authority of — To procure stock of irrigation or pipeline company — To bring its land within conservation or conservancy district
§ 73-1-21 State water policy
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Terms Used In Utah Code > Title 73 > Chapter 1 - General Provisions

  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Alcohol training and education seminar: means a seminar that is:
         (5)(a) required by Chapter 1, Part 7, Alcohol Training and Education Act; and
         (5)(b) described in Section 26B-5-205. See Utah Code 32B-1-102
  • Alcoholic beverage: means the following:
         (3)(a) beer; or
         (3)(b) liquor. See Utah Code 32B-1-102
  • Alcoholic product: includes an alcoholic beverage. See Utah Code 32B-1-102
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Arena: means an enclosed building:
         (6)(a) that is managed by:
              (6)(a)(i) the same person who owns the enclosed building;
              (6)(a)(ii) a person who has a majority interest in each person who owns or manages a space in the enclosed building; or
              (6)(a)(iii) a person who has authority to direct or exercise control over the management or policy of each person who owns or manages a space in the enclosed building;
         (6)(b) that operates as a venue; and
         (6)(c) that has an occupancy capacity of at least 12,500. See Utah Code 32B-1-102
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Banquet: means an event:
         (8)(a) that is a private event or a privately sponsored event;
         (8)(b) that is held at one or more designated locations approved by the commission in or on the premises of:
              (8)(b)(i) a hotel;
              (8)(b)(ii) a resort facility;
              (8)(b)(iii) a sports center;
              (8)(b)(iv) a convention center;
              (8)(b)(v) a performing arts facility;
              (8)(b)(vi) an arena; or
              (8)(b)(vii) a restaurant venue;
         (8)(c) for which there is a contract:
              (8)(c)(i) between a person operating a facility listed in Subsection (8)(b) and another person that has common ownership of less than 20% with the person operating the facility; and
              (8)(c)(ii) under which the person operating a facility listed in Subsection (8)(b) is required to provide an alcoholic product at the event; and
         (8)(d) at which food and alcoholic products may be sold, offered for sale, or furnished. See Utah Code 32B-1-102
  • Beer: means a product that:
              (11)(a)(i) contains:
                   (11)(a)(i)(A) at least . See Utah Code 32B-1-102
  • Beer retailer: means a business that:
         (13)(a) is engaged, primarily or incidentally, in the retail sale of beer to a patron, whether for consumption on or off the business premises; and
         (13)(b) is licensed as:
              (13)(b)(i) an off-premise beer retailer, in accordance with Chapter 7, Part 2, Off-Premise Beer Retailer Local Authority; or
              (13)(b)(ii) an on-premise beer retailer, in accordance with Chapter 5, Retail License Act, and Chapter 6, Part 7, On-Premise Beer Retailer License. See Utah Code 32B-1-102
  • Boundary of a hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • Boundary of a resort building: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Commission: means the Alcoholic Beverage Services Commission created in Section 32B-2-201. See Utah Code 32B-1-102
  • Community location: means :
         (23)(a) a public or private school as defined in Subsection 32B-1-102(115);
         (23)(b) a church;
         (23)(c) a public library;
         (23)(d) a public playground; or
         (23)(e) a public park. See Utah Code 32B-1-102
  • Container: means a receptacle that contains an alcoholic product, including:
         (25)(a) a bottle;
         (25)(b) a vessel; or
         (25)(c) a similar item. See Utah Code 32B-1-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Counter: means a surface or structure in a dining area of a licensed premises where seating is provided to a patron for service of food. See Utah Code 32B-1-102
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Department: means the Department of Alcoholic Beverage Services created in Section 32B-2-203. See Utah Code 32B-1-102
  • Designated conveyance area: means a route within a hotel or resort:
         (2)(a) that connects one or more of the following:
              (2)(a)(i) the premises of a bar establishment sublicensee;
              (2)(a)(ii) the premises of a hospitality amenity sublicensee;
              (2)(a)(iii) the premises of an on-premise banquet sublicensee; or
              (2)(a)(iv) a guest's room; and
         (2)(b) does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8b-102
  • Designated conveyance area: means a route within a hotel or resort:
         (2)(a) that connects one or more of the following:
              (2)(a)(i) the premises of a bar establishment sublicensee;
              (2)(a)(ii) the premises of a hospitality amenity sublicensee;
              (2)(a)(iii) the premises of an on-premise banquet sublicensee; or
              (2)(a)(iv) a guest's room; and
         (2)(b) that does not begin, end, or pass through a pool area or other recreation area, a designated business center, or a sublicensed premises not described in Subsection (2)(a). See Utah Code 32B-8-102
  • Dispensing structure: means a surface or structure on a licensed premises:
         (37)(a) where an alcoholic product is dispensed; or
         (37)(b) from which an alcoholic product is served. See Utah Code 32B-1-102
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Event permit: means :
         (42)(a) a single event permit; or
         (42)(b) a temporary beer event permit. See Utah Code 32B-1-102
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Flavored malt beverage: means a beverage:
              (44)(a)(i) that contains at least . See Utah Code 32B-1-102
  • Furnish: includes to:
              (47)(b)(i) serve;
              (47)(b)(ii) deliver; or
              (47)(b)(iii) otherwise make available. See Utah Code 32B-1-102
  • Grantor: The person who establishes a trust and places property into it.
  • Guest: means an individual who meets the requirements of Subsection 32B-6-407(9). See Utah Code 32B-1-102
  • Hard cider: means the same as that term is defined in Utah Code 32B-1-102
  • Heavy beer: means a product that:
              (51)(a)(i)
                   (51)(a)(i)(A) contains more than 5% alcohol by volume;
                   (51)(a)(i)(B) contains at least . See Utah Code 32B-1-102
  • Highway: includes :
         (15)(a) a public bridge;
         (15)(b) a county way;
         (15)(c) a county road;
         (15)(d) a common road; and
         (15)(e) a state road. See Utah Code 68-3-12.5
  • Hotel: means one or more buildings that:
         (3)(a) comprise a hotel, as defined by the commission;
         (3)(b) are owned or managed by the same person or by a person who has a majority interest in or can direct or exercise control over the management or policy of the person who owns or manages any other building under the hotel license within the boundary of the hotel;
         (3)(c) primarily operate to provide lodging accommodations;
         (3)(d) have on-premise banquet space and provide on-premise banquet service within the boundary of the hotel meeting the requirements of this title;
         (3)(e) have a restaurant or bar establishment within the boundary of the hotel meeting the requirements of this title; and
         (3)(f) have at least 40 rooms as temporary sleeping accommodations for compensation. See Utah Code 32B-8b-102
  • Hotel: means the same as that term is defined in Section 32B-8b-102. See Utah Code 32B-8d-102
  • Hotel license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8b, Hotel License Act. See Utah Code 32B-1-102
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • License: means :
         (62)(a) a retail license;
         (62)(b) a sublicense;
         (62)(c) a license issued in accordance with Chapter 7, Part 4, Off-premise Beer Retailer State License;
         (62)(d) a license issued in accordance with Chapter 11, Manufacturing and Related Licenses Act;
         (62)(e) a license issued in accordance with Chapter 12, Liquor Warehousing License Act;
         (62)(f) a license issued in accordance with Chapter 13, Beer Wholesaling License Act; or
         (62)(g) a license issued in accordance with Chapter 17, Liquor Transport License Act. See Utah Code 32B-1-102
  • Licensee: means a person who holds a license. See Utah Code 32B-1-102
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Liquor: includes :
                   (66)(a)(ii)(A) heavy beer;
                   (66)(a)(ii)(B) wine; and
                   (66)(a)(ii)(C) a flavored malt beverage. See Utah Code 32B-1-102
  • Local authority: means :
         (70)(a) for premises that are located in an unincorporated area of a county, the governing body of a county;
         (70)(b) for premises that are located in an incorporated city or town, the governing body of the city or town; or
         (70)(c) for premises that are located in a project area as defined in Section 63H-1-102 and in a project area plan adopted by the Military Installation Development Authority under Title 63H, Chapter 1, Military Installation Development Authority Act, the Military Installation Development Authority. See Utah Code 32B-1-102
  • Lounge or bar area: is a s defined by rule made by the commission. See Utah Code 32B-1-102
  • Member: means an individual who, after paying regular dues, has full privileges in an equity licensee or fraternal licensee. See Utah Code 32B-1-102
  • Minor: means an individual under 21 years old. See Utah Code 32B-1-102
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • offer for sale: means a transaction, exchange, or barter whereby, for consideration, an alcoholic product is either directly or indirectly transferred, solicited, ordered, delivered for value, or by a means or under a pretext is promised or obtained, whether done by a person as a principal, proprietor, or as staff, unless otherwise defined in this title or the rules made by the commission. See Utah Code 32B-1-102
  • Opaque: means impenetrable to sight. See Utah Code 32B-1-102
  • Package agency: means a retail liquor location operated:
         (85)(a) under an agreement with the department; and
         (85)(b) by a person:
              (85)(b)(i) other than the state; and
              (85)(b)(ii) who is authorized by the commission in accordance with Chapter 2, Part 6, Package Agency, to sell packaged liquor for consumption off the premises of the package agency. See Utah Code 32B-1-102
  • Patron: means an individual to whom food, beverages, or services are sold, offered for sale, or furnished, or who consumes an alcoholic product including:
         (87)(a) a customer;
         (87)(b) a member;
         (87)(c) a guest;
         (87)(d) an attendee of a banquet or event;
         (87)(e) an individual who receives room service;
         (87)(f) a resident of a resort; or
         (87)(g) a hospitality guest, as defined in Section 32B-6-1002, under a hospitality amenity license. See Utah Code 32B-1-102
  • Permittee: means a person issued a permit under:
         (89)(a) Chapter 9, Event Permit Act; or
         (89)(b) Chapter 10, Special Use Permit Act. See Utah Code 32B-1-102
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Premises: means a building, enclosure, or room used in connection with the storage, sale, furnishing, consumption, manufacture, or distribution, of an alcoholic product, unless otherwise defined in this title or rules made by the commission. See Utah Code 32B-1-102
  • Primary spirituous liquor: means the main distilled spirit in a beverage. See Utah Code 32B-1-102
  • Principal license: means :
         (94)(a) a resort license;
         (94)(b) a hotel license; or
         (94)(c) an arena license. See Utah Code 32B-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Provisions applicable to a sublicense: means :
         (98)(a) for a full-service restaurant sublicense, the provisions applicable to a full-service restaurant license under Chapter 6, Part 2, Full-Service Restaurant License;
         (98)(b) for a limited-service restaurant sublicense, the provisions applicable to a limited-service restaurant license under Chapter 6, Part 3, Limited-Service Restaurant License;
         (98)(c) for a bar establishment sublicense, the provisions applicable to a bar establishment license under Chapter 6, Part 4, Bar Establishment License;
         (98)(d) for an on-premise banquet sublicense, the provisions applicable to an on-premise banquet license under Chapter 6, Part 6, On-Premise Banquet License;
         (98)(e) for an on-premise beer retailer sublicense, the provisions applicable to an on-premise beer retailer license under Chapter 6, Part 7, On-Premise Beer Retailer License;
         (98)(f) for a beer-only restaurant sublicense, the provisions applicable to a beer-only restaurant license under Chapter 6, Part 9, Beer-Only Restaurant License;
         (98)(g) for a hospitality amenity license, the provisions applicable to a hospitality amenity license under Chapter 6, Part 10, Hospitality Amenity License; and
         (98)(h) for a spa sublicense, the provisions applicable to the sublicense under Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Record: includes :
              (103)(b)(i) a book;
              (103)(b)(ii) a book of account;
              (103)(b)(iii) a paper;
              (103)(b)(iv) a contract;
              (103)(b)(v) an agreement;
              (103)(b)(vi) a document; or
              (103)(b)(vii) a recording in any medium. See Utah Code 32B-1-102
  • Resort: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-1-102
  • Resort: means a location:
         (6)(a) on which is located one resort building; and
         (6)(b) that is affiliated with a ski area that physically touches the boundary of the resort building. See Utah Code 32B-8-102
  • Resort building: means the same as that term is defined in Section 32B-8-102. See Utah Code 32B-8d-102
  • Resort license: means a license issued in accordance with Chapter 5, Retail License Act, and Chapter 8, Resort License Act. See Utah Code 32B-1-102
  • Restaurant: means a business location:
         (110)(a) at which a variety of foods are prepared;
         (110)(b) at which complete meals are served; and
         (110)(c) that is engaged primarily in serving meals. See Utah Code 32B-1-102
  • Retail license: means one of the following licenses issued under this title:
         (113)(a) a full-service restaurant license;
         (113)(b) a master full-service restaurant license;
         (113)(c) a limited-service restaurant license;
         (113)(d) a master limited-service restaurant license;
         (113)(e) a bar establishment license;
         (113)(f) an airport lounge license;
         (113)(g) an on-premise banquet license;
         (113)(h) an on-premise beer license;
         (113)(i) a reception center license;
         (113)(j) a beer-only restaurant license;
         (113)(k) a hospitality amenity license;
         (113)(l) a resort license;
         (113)(m) a hotel license; or
         (113)(n) an arena license. See Utah Code 32B-1-102
  • Road: includes :
         (33)(a) a public bridge;
         (33)(b) a county way;
         (33)(c) a county road;
         (33)(d) a common road; and
         (33)(e) a state road. See Utah Code 68-3-12.5
  • Room service: means furnishing an alcoholic product to a person in a guest room or privately owned dwelling unit of a:
         (114)(a) hotel; or
         (114)(b) resort facility. See Utah Code 32B-1-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Spa: means a spa:
         (5)(a) as the commission defines by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
         (5)(b) that is within the:
              (5)(b)(i) boundary of a resort building; or
              (5)(b)(ii) boundary of a hotel. See Utah Code 32B-8d-102
  • Spa sublicense: means a sublicense:
         (124)(a) to a resort license or hotel license; and
         (124)(b) that the commission issues in accordance with Chapter 8d, Part 2, Resort Spa Sublicense. See Utah Code 32B-1-102
  • Spirituous liquor: includes an alcoholic product defined as a "distilled spirit" by Utah Code 32B-1-102
  • Staff: includes :
              (128)(b)(i) an officer;
              (128)(b)(ii) a director;
              (128)(b)(iii) an employee;
              (128)(b)(iv) personnel management;
              (128)(b)(v) an agent of the licensee, including a managing agent;
              (128)(b)(vi) an operator; or
              (128)(b)(vii) a representative. See Utah Code 32B-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Store: means to place or maintain in a location an alcoholic product. See Utah Code 32B-1-102
  • Sublicense: means :
         (133)(a) any of the following licenses issued as a subordinate license to, and contingent on the issuance of, a principal license:
              (133)(a)(i) a full-service restaurant license;
              (133)(a)(ii) a limited-service restaurant license;
              (133)(a)(iii) a bar establishment license;
              (133)(a)(iv) an on-premise banquet license;
              (133)(a)(v) an on-premise beer retailer license;
              (133)(a)(vi) a beer-only restaurant license; or
              (133)(a)(vii) a hospitality amenity license; or
         (133)(b) a spa sublicense. See Utah Code 32B-1-102
  • Summons: Another word for subpoena used by the criminal justice system.
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
         (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
         (42)(b)
              (42)(b)(i) after the day described in Subsection (42)(a); and
              (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
  • Wine: includes :
              (140)(b)(i) an alcoholic beverage defined as wine under Utah Code 32B-1-102