Utah Code 73-31-304. Review of contract water bank application
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(1) After complying with Section 73-31-303, the board shall approve an application for a contract water bank if the application satisfies Section 73-31-302, which is to be liberally interpreted by the board to facilitate the objectives described in Section 73-31-104.
Terms Used In Utah Code 73-31-304
- 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
- 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
- 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
- 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
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) In approving an application, the board shall:(2)(a) issue an order approving the contract water bank; and(2)(b) publish a summary of the information submitted by the public entity under Subsection 73-31-302(1) 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 the 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.(4) A contract water bank may review public comments and comments from the board before a final decision is made by the board. If the contract water bank desires to make changes to the contract water bank’s application, the contract water bank may notify the board in writing before the board takes action on the application that the contract water bank will submit a revised application following the same process that governs the filing of an original application.