Utah Code 73-26-302. Construction contingent upon sale or lease of water — Preconstruction may proceed if funded
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(1) Except as provided in Subsection (3) , the division may not expend money for construction costs on any phase of a project until:
Terms Used In Utah Code 73-26-302
- Construction costs: means all costs related to the development of a project, except the costs of environmental mitigation. See Utah Code 73-26-103
- Division: means the Division of Water Resources. See Utah Code 73-26-103
- 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
- Preconstruction costs: means any of the following costs incurred before project construction begins:(6)(a) planning;(6)(b) design;(6)(c) engineering studies;(6)(d) legal work;(6)(e) permitting;(6)(f) acquisition of land and rights-of-way;(6)(g) compensation for impairment of existing water rights;(6)(h) environmental studies; or(6)(i) any combination of Subsections
(6)(a) through(h) . See Utah Code 73-26-103- Statute: A law passed by a legislature.
(1)(a) contracts have been made for the sale or lease of at least 70% of the water developed by that phase; and(1)(b) all permits required by the environmental impact statement have been obtained.
(2) Construction of the project and implementation of the environmental mitigation plan shall proceed concurrently.
(3) The division may make expenditures for preconstruction costs if money is expressly appropriated or earmarked by statute for that purpose by the Legislature.