Definitions.

1. Law
2. Utah Code
3. Water and Irrigation
4. Water Banking Act
5. General Provisions
6. Definitions.

Affected by 63I-1-273 on 12/31/2030

Effective 5/12/2020
73-31-102. Definitions.

• (1) "Applicant" means:
  • (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
  • (b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks.

• (2) "Application" means an application submitted to the board to approve a water bank.

• (3) "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 73-3-3.5.

• (4) "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.

• (5) "Board" means the Board of Water Resources.

• (6) "Borrower" means a person seeking to use a banked water right within a water bank's service area.

• (7) "Contract water bank" means a water bank created pursuant to Part 3, Contract Water Banks.

• (8) "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.

• (9) "Deposit" means depositing a banked water right for use within the service area of a water bank.

• (10) "Depositor" means a person seeking to deposit a water right in a water bank.

• (11) "Hereafter use" means the conditions of use the state engineer authorizes for a banked water right during the term of an approved change application.

• (12) "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.

• (13) "Loaned water rights" means a banked water right that is used pursuant to an approved delivery request.

• (14) "Perfected water right" means a water right evidenced by:
  • (a) a decree;
  • (b) a certificate of appropriation; or
  • (c) a proposed determination or court order issued in a general adjudication.

• (15) "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.

• (16) "Reporting year" means November 1 through October 31.

• (17) "Service area" means the geographic area where a water bank is approved to operate and operates.

• (18) "State engineer" means the state engineer appointed under Section 73-2-1.

• (19) "Statutory water bank" means a water bank created pursuant to Part 2, Statutory Water Banks.

• (20) "Water bank" means a contract water bank or a statutory water bank.

• (21) "Water banking website" means a website overseen by the board in accordance with Section 73-31-103.

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