Terms Used In Utah Code > Title 17C > Chapter 1 > Part 10 - Agency Taxing Authority

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affordable housing: means housing owned or occupied by a low or moderate income family, as determined by resolution of the agency. See Utah Code 17C-1-102
• Agency-wide project development: means activity within the agency's boundaries that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of achieving the results described in an implementation plan, including affordable housing. See Utah Code 17C-1-1001
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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
• Board: means the governing body of an agency, as described in Section 17C-1-203. See Utah Code 17C-1-102
• Board: means the Board of Oil, Gas, and Mining. See Utah Code 40-6-2
• Certified tax rate: means the same as that term is defined in Section 59-2-924. See Utah Code 17C-1-1001
• Community: means a county or municipality. See Utah Code 17C-1-102
• Community reinvestment project area plan: means a project area plan adopted under Chapter 5, Part 1, Community Reinvestment Project Area Plan. See Utah Code 17C-1-102
• Consenting owner: means an owner who, in the manner and within the time frame established by the board in rule, consents to the drilling and operation of a well and agrees to bear the owner's proportionate share of the costs of the drilling and operation of the well. See Utah Code 40-6-2
• Contract: A legal written agreement that becomes binding when signed.
• Cooperative development project: means project area development with impacts that extend beyond an agency's geographic boundaries to the benefit of two or more communities. See Utah Code 17C-1-1001
• Correlative rights: means the opportunity of each owner in a pool to produce the owner's just and equitable share of the oil and gas in the pool without waste. See Utah Code 40-6-2
• Crude oil: means hydrocarbons, regardless of gravity, that:
       (5)(a) are produced at the wellhead in liquid form; and
       (5)(b)

            (5)(b)(i) occur naturally in the liquid phase in the reservoir; or

            (5)(b)(ii) are produced through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
• Division: means the Division of Oil, Gas, and Mining. See Utah Code 40-6-2
• Economic development project: means project area development for the purpose of:
       (4)(a) creating, developing, attracting, and retaining business;
       (4)(b) creating or preserving jobs;
       (4)(c) stimulating business and economic activity; or
       (4)(d) providing a local incentive as required by the Governor's Office of Economic Opportunity under Title 63N, Economic Opportunity Act. See Utah Code 17C-1-1001
• Eligible taxing entity: means a taxing entity that:
       (5)(a) is a municipality, a county, or a school district; and
       (5)(b) contains an agency partially or completely within the taxing entity's geographic boundaries. See Utah Code 17C-1-1001
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Gas: means natural gas, as defined in Subsection (10), natural gas liquids, as defined in Subsection (11), other gas, as defined in Subsection (17), or any mixture of them. See Utah Code 40-6-2
• Housing allocation: means project area funds allocated for housing under Section 17C-2-203, 17C-3-202, or 17C-5-307 for the purposes described in Section 17C-1-412. See Utah Code 17C-1-102
• Implementation plan: means a plan adopted in accordance with Section 17C-1-1004 that:
       (6)(a) describes how the agency uses property tax revenue; and
       (6)(b) guides and controls agency-wide project development. See Utah Code 17C-1-1001
• Incremental value: means a figure derived by multiplying the marginal value of the property located within a project area on which tax increment is collected by a number that represents the adjusted tax increment from that project area that is paid to the agency. See Utah Code 17C-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}
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Municipality: means a cityor town. See Utah Code 17C-1-102
• Natural gas: includes coalbed methane gas. See Utah Code 40-6-2
• Nonconsenting owner: means an owner who does not, after written notice and in the manner and within the time frame established by the board in rule, consent to the drilling and operation of a well or agree to bear the owner's proportionate share of the costs. See Utah Code 40-6-2
• Oil: includes tar sands produced at the wellhead in liquid form through enhanced recovery operations authorized by the board in accordance with Subsection 40-6-5(3)(c). See Utah Code 40-6-2
• Oil and gas operations: means to explore for, develop, or produce oil and gas. See Utah Code 40-6-2
• Oil and gas proceeds: includes a royalty interest, overriding royalty interest, production payment interest, or working interest. See Utah Code 40-6-2
• Operator: means a person who has been designated by the owners or the board to operate a well or unit. See Utah Code 40-6-2
• Owner: means a person who has the right:
       (18)(a) to drill into and produce from a reservoir; and
       (18)(b) to appropriate the oil and gas produced for that person or for that person and others. See Utah Code 40-6-2
• Person: means the same as that term is defined in Section Utah Code 40-6-2
• Plan hearing: means the public hearing on a proposed project area plan required under Subsection 17C-2-102(1)(a)(vi) for an urban renewal project area plan, Subsection 17C-3-102(1)(d) for an economic development project area plan, Subsection 17C-4-102(1)(d) for a community development project area plan, or Subsection 17C-5-104(3)(e) for a community reinvestment project area plan. See Utah Code 17C-1-102
• Pool: means an underground reservoir containing a common accumulation of oil or gas or both. See Utah Code 40-6-2
• Pooling: means the bringing together of separately owned interests for the common development and operation of a drilling unit. See Utah Code 40-6-2
• Producer: means the owner or operator of a well capable of producing oil and gas. See Utah Code 40-6-2
• Project area: means the geographic area described in a project area plan within which the project area development described in the project area plan takes place or is proposed to take place. See Utah Code 17C-1-102
• Project area development: means activity within a project area that, as determined by the board, encourages, promotes, or provides development or redevelopment for the purpose of implementing a project area plan, including:
       (48)(a) promoting, creating, or retaining public or private jobs within the state or a community;
       (48)(b) providing office, manufacturing, warehousing, distribution, parking, or other facilities or improvements;
       (48)(c) planning, designing, demolishing, clearing, constructing, rehabilitating, or remediating environmental issues;
       (48)(d) providing residential, commercial, industrial, public, or other structures or spaces, including recreational and other facilities incidental or appurtenant to the structures or spaces;
       (48)(e) altering, improving, modernizing, demolishing, reconstructing, or rehabilitating existing structures;
       (48)(f) providing open space, including streets or other public grounds or space around buildings;
       (48)(g) providing public or private buildings, infrastructure, structures, or improvements;
       (48)(h) relocating a business;
       (48)(i) improving public or private recreation areas or other public grounds;
       (48)(j) eliminating a development impediment or the causes of a development impediment;
       (48)(k) redevelopment as defined under the law in effect before May 1, 2006; or
       (48)(l) any activity described in this Subsection (48) outside of a project area that the board determines to be a benefit to the project area. See Utah Code 17C-1-102
• Project area funds: means tax increment or sales and use tax revenue that an agency receives under a project area budget adopted by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
• Project area funds collection period: means the period of time that:
       (50)(a) begins the day on which the first payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement; and
       (50)(b) ends the day on which the last payment of project area funds is distributed to an agency under a project area budget approved by a taxing entity committee or an interlocal agreement. See Utah Code 17C-1-102
• Project area incremental revenue: means the amount of revenue generated by the incremental value that a taxing entity receives after a project area funds collection period ends. See Utah Code 17C-1-1001
• Project area plan: means an urban renewal project area plan, an economic development project area plan, a community development project area plan, or a community reinvestment project area plan that, after the project area plan's effective date, guides and controls the project area development. See Utah Code 17C-1-102
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Property tax: includes a privilege tax imposed under Title 59, Chapter 4, Privilege Tax. See Utah Code 17C-1-102
• Property tax revenue: means the amount of revenue generated by an agency from the property within the agency using the current taxable value of the property and the agency's certified tax rate. See Utah Code 17C-1-1001
• Quorum: The number of legislators that must be present to do business.
• 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
• Surface land: means privately owned land:
       (26)(a) overlying privately owned oil and gas resources;
       (26)(b) upon which oil and gas operations are conducted; and
       (26)(c) owned by a surface land owner. See Utah Code 40-6-2
• Surface land owner: means a person who owns, in fee simple absolute, all or part of the surface land as shown by the records of the county where the surface land is located. See Utah Code 40-6-2
• Surface use agreement: means an agreement between an owner or operator and a surface land owner addressing:
       (29)(a) the use and reclamation of surface land owned by the surface land owner; and
       (29)(b) compensation for damage to the surface land caused by oil and gas operations that result in:

            (29)(b)(i) loss of the surface land owner's crops on the surface land;

            (29)(b)(ii) loss of value of existing improvements owned by the surface land owner on the surface land; and

            (29)(b)(iii) permanent damage to the surface land. See Utah Code 40-6-2
• Tax increment: means the difference between:
            (61)(a)(i) the amount of property tax revenue generated each tax year by a taxing entity from the area within a project area designated in the project area plan as the area from which tax increment is to be collected, using the current assessed value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924; and
            (61)(a)(ii) the amount of property tax revenue that would be generated from that same area using the base taxable value of the property and each taxing entity's current certified tax rate as defined in Section 59-2-924. See Utah Code 17C-1-102
• Taxable value: means :
       (60)(a) the taxable value of all real property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, for the current year;
       (60)(b) the taxable value of all real and personal property the commission assesses in accordance with Title 59, Chapter 2, Part 2, Assessment of Property, for the current year; and
       (60)(c) the year end taxable value of all personal property a county assessor assesses in accordance with Title 59, Chapter 2, Part 3, County Assessment, contained on the prior year's tax rolls of the taxing entity. See Utah Code 17C-1-102
• Taxing entity: means a public entity that:
       (62)(a) levies a tax on property located within a project area; or
       (62)(b) imposes a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 17C-1-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Waste: means :
       (30)(a) the inefficient, excessive, or improper use or the unnecessary dissipation of oil or gas or reservoir energy;
       (30)(b) the inefficient storing of oil or gas;
       (30)(c) the locating, drilling, equipping, operating, or producing of any oil or gas well in a manner that causes:

            (30)(c)(i) a reduction in the quantity of oil or gas ultimately recoverable from a reservoir under prudent and economical operations;

            (30)(c)(ii) unnecessary wells to be drilled; or

            (30)(c)(iii) the loss or destruction of oil or gas either at the surface or subsurface; or
       (30)(d) the production of oil or gas in excess of:

            (30)(d)(i) transportation or storage facilities; or

            (30)(d)(ii) the amount reasonably required to be produced as a result of the proper drilling, completing, testing, or operating of a well or otherwise utilized on the lease from which it is produced. See Utah Code 40-6-2