A person entitled to make a request seeking a preference under Section 73-3d-301 by requesting that the governor declare a temporary water shortage emergency may exercise a preference under Section 73-3d-301 only if:

(1)

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Terms Used In Utah Code 73-3d-302

  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Person entitled to make a request: means :
         (4)(a) the holder of an approved but unperfected application to appropriate water;
         (4)(b) the record owner of a perfected water right; or
         (4)(c) a person who provides water using an approved but unperfected application or a perfected water right with the written authorization of a person described in Subsection (4)(a) or (b). See Utah Code 73-3d-101
  • Temporary water shortage emergency: means an interruption of water delivery for which the governor may declare an emergency in accordance with Section 73-3d-201. See Utah Code 73-3d-101
     (1)(a) the person entitled to make a request adopts an emergency response plan before the declaration of a temporary water shortage emergency if the person entitled to make a request is a community water system, as defined in Section 19-4-102, serving a population of more than 3,300; or
     (1)(b) the governor includes a statement in the executive order that the person entitled to make a request is eligible to exercise a preference under Section 73-3d-301 notwithstanding that the person entitled to make a request who is described in Subsection (1)(a) has not adopted an emergency response plan before the declaration of a temporary water shortage emergency; or
(2) the person entitled to make a request is not described in Subsection (1)(a).