Sections
Part 1 State to Develop the Bear River 73-26-101 – 73-26-107
Part 2 Allocation of Developed Waters 73-26-201 – 73-26-203
Part 3 Project Development 73-26-301 – 73-26-302
Part 4 General Provisions 73-26-401 – 73-26-404
Part 5 Financing and Cost Recovery 73-26-502 – 73-26-507

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Terms Used In Utah Code > Title 73 > Chapter 26 - Bear River Development Act

  • 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.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Award: means a final order of the commission as to the amount of compensation due:
              (1)(b)(i) an injured employee; or
              (1)(b)(ii) a dependent of a deceased employee. See Utah Code 34A-2-102
  • Board: means the Board of Water Resources. See Utah Code 73-26-103
  • Commission: means the Labor Commission created in Section 34A-1-103. See Utah Code 34A-1-102
  • 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 development of a project, except the costs of environmental mitigation. See Utah Code 73-26-103
  • Contract: A legal written agreement that becomes binding when signed.
  • 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
  • Developed waters: means surface water developed by projects authorized under this chapter. See Utah Code 73-26-103
  • Division: means the Division of Water Resources. See Utah Code 73-26-103
  • Environmental mitigation costs: means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including:
         (5)(a) planning;
         (5)(b) environmental and engineering studies;
         (5)(c) permitting;
         (5)(d) acquisition of land and rights-of-way; and
         (5)(e) operation, maintenance, and repair of facilities associated with project environmental mitigation. See Utah Code 73-26-103
  • 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
  • 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.
  • 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
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • 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
  • 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:
         (6)(a) planning;
         (6)(b) design;
         (6)(c) engineering studies;
         (6)(d) legal work;
         (6)(e) permitting;
         (6)(f) acquisition of land and rights-of-way;
         (6)(g) compensation for impairment of existing water rights;
         (6)(h) environmental studies; or
         (6)(i) any combination of Subsections (6)(a) through (h). See Utah Code 73-26-103
  • Project costs: include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement. See Utah Code 73-26-103
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • 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.