Utah Code 73-31-302. Contract water bank application
Current as of: 2024 | Check for updates
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(1) A public entity may seek to have a contract for water use approved as a contract water bank under this chapter by submitting an application to the board that meets the following criteria:
Terms Used In Utah Code 73-31-302
- 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
- Contract: A legal written agreement that becomes binding when signed.
- Contract water bank: means a water bank created pursuant to Part 3, Contract Water Banks. See Utah Code 73-31-102
- Loaned water rights: means a banked water right that is used pursuant to an approved delivery request. See Utah Code 73-31-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- 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. See Utah Code 73-31-102
- Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102
- Water bank: means a contract water bank or a statutory water bank. See Utah Code 73-31-102
(1)(a) the name of the contract water bank;(1)(b) the mailing address for the contract water bank;(1)(c) the proposed service area map for the contract water bank;(1)(d) a description of how the contract water bank’s governing body will be structured and operate;(1)(e) a description for how water delivery requests and loaned water rights are to be administered;(1)(f) criteria for the participation, if any, of non-public entities;(1)(g) includes a copy of the contract, provided that a public entity may redact any information that is private, controlled, protected, or otherwise restricted under Title 63G, Chapter 2, Government Records Access and Management Act;(1)(h) information regarding how the public can learn when the submittal of an application or contract that is the basis of the contract water bank is on the agenda of a public meeting of the public entity under Title 52, Chapter 4, Open and Public Meetings Act;(1)(i) whether the contract water bank will accept deposits of surface water rights or groundwater rights, provided that a contract water bank may not accept deposits of both surface water rights and groundwater rights; and(1)(j) the process the contract water bank will follow if the contract water bank terminates, dissolves, or the board revokes the contract water bank’s approval to operate pursuant to this chapter, including how the contract water bank will return banked water rights to depositors and how the contract water bank will return any amounts owing to depositors.
(2) The board may prepare a form or online application for an applicant to use in submitting an application to the board under this part.