Definitions.

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  • (1) "Board" means the Board of Water Resources.
  • (2)
    • (a) "Construction costs" means all costs related to the development of a project, except the costs of environmental mitigation.
    • (b) Construction costs include:
      • (i) planning;
      • (ii) engineering and legal work;
      • (iii) permitting;
      • (iv) acquisition of land and rights-of-way;
      • (v) rebuilding and relocation of highways or other facilities affected by the project;
      • (vi) compensation for impairment of existing water rights;
      • (vii) construction of the dam, reservoir, and associated facilities; and
      • (viii) expenses of the division related to the project.
  • (3) "Developed waters" means surface water developed by projects authorized under this chapter.
  • (4) "Division" means the Division of Water Resources.
  • (5) "Environmental mitigation costs" means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including:
    • (a) planning;
    • (b) environmental and engineering studies;
    • (c) permitting;
    • (d) acquisition of land and rights-of-way; and
    • (e) operation, maintenance, and repair of facilities associated with project environmental mitigation.
  • (6) "Preconstruction costs" means any of the following costs incurred before project construction begins:
    • (a) planning;
    • (b) design;
    • (c) engineering studies;
    • (d) legal work;
    • (e) permitting;
    • (f) acquisition of land and rights-of-way;
    • (g) compensation for impairment of existing water rights;
    • (h) environmental studies; or
    • (i) any combination of Subsections (6)(a) through (h).
  • (7) "Project costs" include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement.




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