Terms Used In Utah Code > Title 73 > Chapter 10c - Water Development Coordinating Council

• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Board: means the Board of Water Resources created in Section Utah Code 73-10c-2
• Business relationship: means an agreement that governs the relationship of principal and sales representative. See Utah Code 34-44-102
• Cash wage obligation: means an hourly wage that an employer pays a tipped employee regardless of the tips or gratuities a tipped employee receives. See Utah Code 34-40-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means :
       (2)(a) compensation:

            (2)(a)(i) that accrues to a sales representative;

            (2)(a)(ii) for payment by a principal; and

            (2)(a)(iii) at a rate expressed as a percentage of the dollar amount of sales, orders, or profits; or
       (2)(b) any other method of compensation agreed to between a sales representative and a principal including:

            (2)(b)(i) fees for services; and

            (2)(b)(ii) a retainer. See Utah Code 34-44-102
• Commission: means the Labor Commission. See Utah Code 34-40-102
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• Council: means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. See Utah Code 73-10c-2
• Credit enhancement agreement: means an agreement entered into according to this chapter between the Drinking Water Board or the Water Quality Board, on behalf of the state, and a political subdivision, for the purpose of providing methods and assistance to political subdivisions to improve the security for and marketability of drinking water project obligations and wastewater project obligations. See Utah Code 73-10c-2
• Direct sales company: means a person that:
            (3)(a)(i) sells, distributes, or supplies for consideration a good or service through participants:

                 (3)(a)(i)(A) at different levels of distribution; or

                 (3)(a)(i)(B) in accordance with a formula for compensating participants in whole or in part based on:

                      (3)(a)(i)(B)(I) the sale of a good or service; and

                      (3)(a)(i)(B)(II) the recruitment of or the performance or action of another participant; and
            (3)(a)(ii)

                 (3)(a)(ii)(A) permits participants to recruit other participants to sell, distribute, or supply for consideration the person's good or service; or

                 (3)(a)(ii)(B) provides for commission, cross-commissions, override commissions, bonuses, refunds, dividends, or other consideration that is or may be paid as a result of:

                      (3)(a)(ii)(B)(I) the sale of a good or service; or

                      (3)(a)(ii)(B)(II) the recruitment of or the performance or action of another participant. See Utah Code 34-44-102
• Division: means the Division of Antidiscrimination and Labor in the commission. See Utah Code 34-40-102
• Drinking Water Board: means the Drinking Water Board appointed according to Section 19-4-103. See Utah Code 73-10c-2
• Drinking water or wastewater project obligation: means , as appropriate, any bond, note, or other obligation of a political subdivision issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading, or improving a drinking water project or wastewater project. See Utah Code 73-10c-2
• Drinking water project: includes :
            (6)(b)(i) collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system;
            (6)(b)(ii) collection pretreatment or storage facilities used primarily in connection with the system but not under operator's control; and
            (6)(b)(iii) studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks. See Utah Code 73-10c-2
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Financial assistance programs: means the various programs administered by the state whereby loans, grants, and other forms of financial assistance are made available to political subdivisions of this state to finance the costs of water and wastewater projects. See Utah Code 73-10c-2
• Hardship Grant Assessment: means the charge the Water Quality Board or Drinking Water Board assesses to recipients of loans made from the subaccount created in Subsection 73-10c-5(2)(b) or 73-10c-5(3)(b) in lieu of or in addition to interest charged on these loans. See Utah Code 73-10c-2
• 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}
• Minimum wage: means the state minimum hourly wage for adult employees as established under this chapter, unless the context clearly indicates otherwise. See Utah Code 34-40-102
• Nonpoint source project: means a facility, system, practice, study, activity, or mechanism that abates, prevents, or reduces the pollution of waters of this state by a nonpoint source. See Utah Code 73-10c-2
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• participant: means an independent agent, contractor, or distributor. See Utah Code 34-44-102
• 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
• Political subdivision: means a county, city, town, improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under Title 11, Chapter 13, Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of this state. See Utah Code 73-10c-2
• Principal: means a person who:
       (4)(a) engages in any of the following activities with regard to a product or service:

            (4)(a)(i) manufactures;

            (4)(a)(ii) produces;

            (4)(a)(iii) imports;

            (4)(a)(iv) sells; or

            (4)(a)(v) distributes;
       (4)(b) establishes a business relationship with a sales representative to solicit orders for a product or a service described in Subsection (4)(a); and
       (4)(c) agrees to compensate a sales representative, in whole or in part, by commission. See Utah Code 34-44-102
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• 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.
• sales representative: means a person who enters into a business relationship with a principal:
            (5)(a)(i) to solicit orders for a product or a service described in Subsection (4)(a); and
            (5)(a)(ii) under which the person is compensated, in whole or in part, by commission. See Utah Code 34-44-102
• Security fund: means the Water Development Security Fund created in Section 73-10c-5. See Utah Code 73-10c-2
• 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
• Statute: A law passed by a legislature.
• termination: means the end of a business relationship between a sales representative and a principal, whether by:
       (6)(a) agreement;
       (6)(b) expiration of a time period; or
       (6)(c) exercise of a right of termination by either the principal or the sales representative. See Utah Code 34-44-102
• Tipped employee: means an employee who customarily and regularly receives tips or gratuities. See Utah Code 34-40-102
• Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Wastewater project: means :
       (12)(a) a sewer, storm or sanitary sewage system, sewage treatment facility, lagoon, sewage collection facility and system, and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state; and
       (12)(b) a study, pollution prevention activity, or pollution education activity that will protect the waters of this state. See Utah Code 73-10c-2
• Water Quality Board: means the Water Quality Board appointed according to Section 19-5-103. See Utah Code 73-10c-2
• Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water whether surface, underground, natural, artificial, public, private, or other water resource of the state which is contained within or flows in or through the state. See Utah Code 73-10c-2
• 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