Terms Used In Utah Code > Title 54 > Chapter 8 - Utah Underground Conversion of Utilities Law

• 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.
• Aquaculture facility: means the same as that term is defined in Section 4-37-103. See Utah Code 23A-1-101
• Aquatic wildlife: means species of fish, mollusks, crustaceans, aquatic insects, or amphibians. See Utah Code 23A-1-101
• Assessment: means for the purpose of taxation wherever appropriate. See Utah Code 54-8-3
• Big game: includes deer, elk, big horn sheep, moose, mountain goats, pronghorn. See Utah Code 23A-11-101
• Carcass: means the dead body of an animal or the animal's parts. See Utah Code 23A-1-101
• Centerfire rifle hunt: means a hunt for which a hunter may use a centerfire rifle, except as provided in Subsection (3)(b). See Utah Code 23A-11-101
• Certificate of registration: means a paper-based or electronic document issued under this title, or a rule or proclamation of the Wildlife Board granting authority to engage in activities not covered by a license, permit, or tag. See Utah Code 23A-1-101
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means the Public Service Commission. See Utah Code 54-2-1
• Communication service: means the transmission of intelligence by electrical means, including telephone, telegraph, messenger-call, clock, police, fire alarm, and traffic control circuits or the transmission of standard television or radio signals. See Utah Code 54-8-3
• Contract: A legal written agreement that becomes binding when signed.
• conversion: means the removal of all or any part of any existing overhead electric or communications facilities and the replacement thereof with underground electric or communication facilities constructed at the same or different locations. See Utah Code 54-8-3
• Conveyance: includes a motor vehicle, a vessel, a motorboat, a sailboat, a personal watercraft, a container, a trailer, a live well, or a bilge area. See Utah Code 23A-10-101
• Corporation: includes an association and a joint stock company having any powers or privileges not possessed by individuals or partnerships. See Utah Code 54-2-1
• 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.
• County executive: means :
       (7)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (7)(b) the county executive, in the county executive-council optional form of government authorized by Section 17-52a-203; or
       (7)(c) the county manager, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• County legislative body: means :
       (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
       (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
       (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
• Cultivated crops: means :
       (4)(a) annual or perennial crops harvested from or on cleared and planted land;
       (4)(b) perennial orchard trees on cleared and planted land;
       (4)(c) crop residues that have forage value for livestock; and
       (4)(d) pastures. See Utah Code 23A-11-101
• Decontaminate: means to:
       (2)(a) drain and dry non-treated water; and
       (2)(b) chemically or thermally treat in accordance with rule. See Utah Code 23A-10-101
• Department: means the Department of Natural Resources. See Utah Code 23A-1-101
• Director: means the director of the division appointed under Section 23A-2-202. See Utah Code 23A-1-101
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Division: means the Division of Wildlife Resources. See Utah Code 23A-1-101
• Dreissena mussel: means a mussel of the genus Dreissena at any life stage, including a zebra mussel, a quagga mussel, and Conrad's false mussel. See Utah Code 23A-10-101
• Electric or communication facilities: means any works or improvements used or useful in providing electric or communication service, including poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cut-outs, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances. See Utah Code 54-8-3
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equipment: means an article, tool, implement, or device capable of carrying or containing:
       (4)(a) water; or
       (4)(b) a Dreissena mussel. See Utah Code 23A-10-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Executive director: means the executive director of the Department of Natural Resources. See Utah Code 23A-1-101
• Facility: means a structure that is located within or adjacent to a water body. See Utah Code 23A-10-101
• Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
• Fee fishing facility: means the same as that term is defined in Section 4-37-103. See Utah Code 23A-1-101
• Fishing: means to take fish or crayfish by any means. See Utah Code 23A-1-101
• Game: means wildlife normally pursued, caught, or taken by sporting means for human use. See Utah Code 23A-1-101
• Governing body: means the board of commissioners, city council, or board of trustees as may be appropriate depending on whether the improvement district is located in a county or within a city or town. See Utah Code 54-8-3
• 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
• Hunting: means to take or pursue a reptile, amphibian, bird, or mammal by any means. See Utah Code 23A-1-101
• Hunting guide: means the same as that term is defined in Section 58-79-102. See Utah Code 23A-1-101
• Infested water: means a geographic region, water body, facility, or water supply system within or outside the state that the Wildlife Board identifies in rule as carrying or containing a Dreissena mussel. See Utah Code 23A-10-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• 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
• Lien: A claim against real or personal property in satisfaction of a debt.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Management unit: means a prescribed area of contiguous land designated by the division for the purpose of managing a species of big game animal. See Utah Code 23A-11-101
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Natural flowing stream: includes perennial or intermittent water flows in a:
            (26)(b)(i) realigned or modified channel that replaces the historic, natural flowing stream channel; and
            (26)(b)(ii) dredged natural flowing stream channel. See Utah Code 23A-1-101
• Natural lake: means a perennial or intermittent body of water that collects on the surface of the earth exclusively through the forces of nature and without human assistance. See Utah Code 23A-1-101
• Natural resources officer: means the same as that term is defined in Section 79-2-701. See Utah Code 23A-1-101 v2
• Nonresident: means a person who does not qualify as a resident. See Utah Code 23A-1-101
• Outfitter: means the same as that term is defined in Section 58-79-102. See Utah Code 23A-1-101
• Overhead electric or communication facilities: means electric or communication facilities located, in whole or in part, above the surface of the ground. See Utah Code 54-8-3
• Permit: means a paper-based or electronic document that grants authority to engage in specified activities under this title or a rule or proclamation of the Wildlife Board. See Utah Code 23A-1-101
• Person: means an individual, association, partnership, government agency, corporation, or an agent of the individual, association, partnership, government agency, or corporation. See Utah Code 23A-1-101
• 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
• Point of delivery: means :
       (8)(a) a meter, for electric facilities; or
       (8)(b) a network interface device, for communication facilities. See Utah Code 54-8-3
• Possession: means actual or constructive possession. See Utah Code 23A-1-101
• Predator: means a cougar, bear, or coyote. See Utah Code 23A-11-101
• predatory animal: means a coyote. See Utah Code 23A-11-401
• Private fish pond: means a pond, reservoir, or other body of water, including a fish culture system, located on privately owned land where privately owned fish:
            (38)(a)(i) are propagated or kept for a private noncommercial purpose; and
            (38)(a)(ii) may be taken without a fishing license. See Utah Code 23A-1-101
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Protected aquatic wildlife: means aquatic wildlife except as provided in Subsection (42)(b). See Utah Code 23A-1-101
• Protected wildlife: means wildlife, except as provided in Subsection (43)(b). See Utah Code 23A-1-101
• Public utility: means any electric corporation or communications corporation that provides electric or communication service to the general public by means of electric or communication facilities. See Utah Code 54-8-3
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Reservoir constructed on a natural stream channel: means a body of water collected and stored on the course of a natural flowing stream by impounding the stream through excavation or diking. See Utah Code 23A-1-101
• resident: means a person who:
       (47)(a) has been domiciled in the state for six consecutive months immediately preceding the purchase of a license; and
       (47)(b) does not claim residency for hunting, fishing, or trapping in another state or country. See Utah Code 23A-1-101
• Resolution: means ordinance when the governing body properly acts by ordinance rather than by resolution. See Utah Code 54-8-3
• Sell: means to offer or possess for sale, barter, exchange, or trade, or the act of selling, bartering, exchanging, or trading. See Utah Code 23A-1-101
• Service entrance equipment: means facilities on the property owner's side of the point of delivery that are necessary to accommodate service from a public utility. See Utah Code 54-8-3
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Shed antler: means any portion of an antler that:
       (8)(a) has been dropped naturally from a big game animal as part of the big game animal's annual life cycle; and
       (8)(b) has a rounded base commonly known as the antler button or burr attached which signifies a natural life cycle process. See Utah Code 23A-11-101
• Shed horn: means :
       (9)(a) the sheath from a pronghorn that has been dropped naturally as part of the animal's annual life cycle; or
       (9)(b) bighorn sheep, mountain goat, or bison horn naturally detached from the horn core. See Utah Code 23A-11-101
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Spoiled: means impairment of the flesh of wildlife that renders the flesh unfit for human consumption. See Utah Code 23A-1-101
• 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
• Statewide sportsman permit: means a permit:
       (12)(a) issued by the division through a public draw; and
       (12)(b) valid:

            (12)(b)(i) on open hunting units statewide; and

            (12)(b)(ii) for the species of big game and time period designated by the Wildlife Board. See Utah Code 23A-11-101
• Take: means to:
       (54)(a) hunt, pursue, harass, catch, capture, possess, gather, angle, seine, trap, or kill protected wildlife; or
       (54)(b) attempt an action referred to in Subsection (54)(a). See Utah Code 23A-1-101
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Trapping: means taking protected wildlife with a trapping device. See Utah Code 23A-1-101
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Vessel: means the same as that term is defined in Section 73-18-2. See Utah Code 23A-10-101
• Waste: means to:
       (59)(a) abandon protected wildlife; or
       (59)(b) allow protected wildlife to spoil or to be used in a manner not normally associated with the protected wildlife's beneficial use. See Utah Code 23A-1-101
• Water body: means natural or impounded surface water, including a stream, river, spring, lake, reservoir, pond, wetland, tank, and fountain. See Utah Code 23A-10-101
• Water supply system: includes a pump, canal, ditch, or pipeline. See Utah Code 23A-10-101
• Wild: means the natural environment, including a private pond or private property. See Utah Code 23A-1-101
• Wildlife: means :
       (61)(a) crustaceans, including brine shrimp and crayfish;
       (61)(b) mollusks; and
       (61)(c) vertebrate animals living in nature, except feral animals. See Utah Code 23A-1-101
• Wildlife Board: means the board created in Section 23A-2-301. See Utah Code 23A-1-101
• 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