Utah Code 73-31-205. Review of statutory bank application
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(1) After complying with Sections 73-31-203 and 73-31-204, the board shall approve an application if the application satisfies Section 73-31-202, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104.
Terms Used In Utah Code 73-31-205
- 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.
- Applicant: means :(1)(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(1)(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks. See Utah Code 73-31-102
- Application: means an application submitted to the board to approve a water bank. See Utah Code 73-31-102
- Board: means the Board of Water Resources. See Utah Code 73-31-102
- Statutory water bank: means a water bank created pursuant to Part 2, Statutory Water Banks. See Utah Code 73-31-102
- Water bank: means a contract water bank or a statutory water bank. See Utah Code 73-31-102
- Water banking website: means a website overseen by the board in accordance with Section 73-31-103. See Utah Code 73-31-102
(2) In approving an application, the board shall:(2)(a) issue an order approving the statutory water bank;(2)(b) approve persons to serve as the initial members of the governing body in accordance with the proposed statutory water bank‘s structure and Section 73-31-202; and(2)(c) publish the approved application on the water banking website.(3) If the board denies an application, the board shall issue a written explanation to the applicant that sets forth the reason for denial, provided that the board’s decision regarding an application does not create a right of appeal under Title 63G, Chapter 4, Administrative Procedures Act.