Terms Used In Utah Code > Title 34A > Chapter 2 > Part 6 - Medical Evaluations

• Application: means an application submitted to the board to approve a water bank. See Utah Code 73-31-102
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved change application: means a change application that the state engineer approves to authorize a water right holder to deposit a water right in a water bank pursuant to this chapter and Section 73-3-3 or Utah Code 73-31-102
• Banked water right: means a water right, or a portion of a water right, deposited in a water bank that the state engineer has authorized for use in a water bank through an approved change application. See Utah Code 73-31-102
• Board: means the Board of Water Resources. See Utah Code 73-31-102
• Board: means the Board of Water Resources. See Utah Code 73-28-103
• Borrower: means a person seeking to use a banked water right within a water bank's service area. See Utah Code 73-31-102
• Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
• Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102
• Committee: means the Project Management Committee created in Section 73-28-105. See Utah Code 73-28-103
• Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• Construction costs: means all costs related to the construction of the project, including the environmental mitigation costs. See Utah Code 73-28-103
• 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
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Decision: includes :
                 (1)(d)(ii)(A) an award or denial of a medical, disability, death, or other related benefit under this chapter or Chapter 3, Utah Occupational Disease Act; or
                 (1)(d)(ii)(B) another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• Delivery request: means a request to use a banked water right made by a borrower in accordance with a water bank's policies approved under the water bank's application. See Utah Code 73-31-102
• Deposit: means depositing a banked water right for use within the service area of a water bank. See Utah Code 73-31-102
• Developed water: means surface water developed by the project. See Utah Code 73-28-103
• Director: means the director of the division, unless the context requires otherwise. See Utah Code 34A-2-102
• Disability: means an administrative determination that may result in an entitlement to compensation as a consequence of becoming medically impaired as to function. See Utah Code 34A-2-102
• District: means :
       (5)(a) the Central Iron County Water Conservancy District;
       (5)(b) the Kane County Water Conservancy District;
       (5)(c) the Washington County Water Conservancy District; or
       (5)(d) any combination of those districts listed in Subsections (5)(a) through (c). See Utah Code 73-28-103
• Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
• Division: means the Division of Wildlife Resources. See Utah Code 73-29-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Floating access: means the right to access public water flowing over private property for floating and fishing while floating upon the water. See Utah Code 73-29-102
• Highway: includes :
       (15)(a) a public bridge;
       (15)(b) a county way;
       (15)(c) a county road;
       (15)(d) a common road; and
       (15)(e) a state road. See Utah Code 68-3-12.5
• Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. ^{Source: FDIC}
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Navigable water: means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation. See Utah Code 73-29-102
• Order: means an action of the commission that determines the legal rights, duties, privileges, immunities, or other interests of one or more specific persons, but not a class of persons. See Utah Code 34A-2-102
• Perfected water right: means a water right evidenced by:
       (14)(a) a decree;
       (14)(b) a certificate of appropriation; or
       (14)(c) a proposed determination or court order issued in a general adjudication. See Utah Code 73-31-102
• 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
• Preconstruction costs: means any of the following costs incurred before project construction begins:
       (8)(a) planning;
       (8)(b) design;
       (8)(c) engineering studies;
       (8)(d) legal work;
       (8)(e) permitting;
       (8)(f) acquisition of land and rights-of-way;
       (8)(g) compensation for impairment of existing water rights;
       (8)(h) environmental studies; or
       (8)(i) any combination of Subsections (8)(a) through (h). See Utah Code 73-28-103
• Project: means the Lake Powell Pipeline project and associated facilities, including:
            (9)(a)(i) facilities associated with environmental mitigation;
            (9)(a)(ii) hydroelectric generating works and incidental electrical facilities;
            (9)(a)(iii) pipelines; and
            (9)(a)(iv) pumping stations. See Utah Code 73-28-103
• Project costs: include preconstruction costs, construction costs, and project operation, maintenance, repair, and replacement costs. See Utah Code 73-28-103
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public access area: means the limited part of privately owned property that:
       (6)(a) lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and
       (6)(b) is open to public recreational access under Section 73-29-203; and
       (6)(c) can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102
• 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
• Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102
• Public water: means water:
            (8)(a)(i) described in Section 73-1-1; and
            (8)(a)(ii) flowing or collecting on the surface:

                 (8)(a)(ii)(A) within a natural or realigned channel; or

                 (8)(a)(ii)(B) in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102
• Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for:
            (9)(a)(i) floating;
            (9)(a)(ii) fishing; or
            (9)(a)(iii) waterfowl hunting conducted:

                 (9)(a)(iii)(A) in compliance with applicable law or rule, including Sections 23A-5-314, 73-29-203, and 76-10-508; and

                 (9)(a)(iii)(B) so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State engineer: means the state engineer appointed under Section 73-2-1. 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
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5
• Water bank: means a contract water bank or a statutory water bank. 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