Terms Used In Utah Code > Title 73 > Chapter 31 - Water Banking Act

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• 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.
• Applicant: means :
       (1)(a) a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under Part 2, Statutory Water Banks; or
       (1)(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks. See Utah Code 73-31-102
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• 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
• Borrower: means a person seeking to use a banked water right within a water bank's service area. See Utah Code 73-31-102
• Child: includes :
            (2)(b)(i) a posthumous child; or
            (2)(b)(ii) a child legally adopted prior to an injury. See Utah Code 34A-2-102
• City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
• Commission: means 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
• Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102
• 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.
• Decedent: A deceased person.
• 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
• Dependent: A person dependent for support upon another.
• Deposit: means depositing a banked water right for use within the service area of a water bank. See Utah Code 73-31-102
• Depositor: means a person seeking to deposit a water right in a water bank. See Utah Code 73-31-102
• 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
• Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• 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.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Heretofore use: means the authorized conditions of use that were in effect before the state engineer approved a change application authorizing new conditions for the use of a banked water right. See Utah Code 73-31-102
• Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102
• 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.
• 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}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loaned water rights: means a banked water right that is used pursuant to an approved delivery request. See Utah Code 73-31-102
• 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
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• 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
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• 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
• 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.
• Reporting year: means November 1 through October 31. See Utah Code 73-31-102
• Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102
• 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
• 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
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trustee: A person or institution holding and administering property in trust.
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. 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
• Water banking website: means a website overseen by the board in accordance with Section 73-31-103. 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