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

• Adjudicative proceeding: means :Utah Code 68-3-12.5
• Administrative order: means an order issued by the department that addresses an overpayment of public assistance. See Utah Code 35A-3-102
• 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 :

  (a)	a record holder of a perfected water right or a valid diligence claim applying for board approval of a statutory water bank under 2; or

  (b)

  a public entity applying for board approval of a contract water bank under 3. 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 73-3-3. See Utah Code 73-31-102 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 Cash assistance: means the monthly dollar amount a recipient is eligible to receive under the Family Employment Program under Section 35A-3-302. See Utah Code 35A-3-102 Child care services: means care of a child by a responsible person who is not the child's parent or legal guardian, for a portion of the day that is less than 24 hours in a qualified setting, as defined by rules made by the department in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 35A-3-102 Civic organization: includes a community service club or organization, a charitable health care or service organization, a fraternal organization, a labor union, a minority or ethnic organization, a commercial or industrial organization, a commerce or business club, a private nonprofit organization, a private nonprofit corporation that provides funding to a community service organization, an organization that advocates or provides for the needs of persons with low incomes, a religious organization, and an organization that fosters strong neighborhoods and communities. See Utah Code 35A-3-102 Contract: A legal written agreement that becomes binding when signed. Contract water bank: means a water bank created pursuant to 3. See Utah Code 73-31-102 Court order: means a judgment or order of a court of this state, another state, or the federal government that addresses an overpayment of public assistance. See Utah Code 35A-3-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. 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 Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102 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 assigned by the department to administer a program. See Utah Code 35A-3-102 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. Executive director: means the executive director of the department appointed under Section 35A-1-201. See Utah Code 35A-1-102 Fraud: Intentional deception resulting in injury to another. General assistance: means financial assistance provided to a person under 4. See Utah Code 35A-3-102 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 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 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 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Notice of agency action: means the notice required to commence an adjudicative proceeding as described in Section 63G-4-201. See Utah Code 35A-3-102 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. Obligor: means an individual: (a)  who is liable to the state under Section 35A-3-603 and applicable federal statutes and regulations; or (b)  against whom an administrative or judicial order determining overpayment has been obtained. See Utah Code 35A-3-102 Overpayment: includes money paid to a provider under this title in connection with public assistance or another publicly funded assistance program to the extent that the provider receives payment: (i)  for goods or services not provided; or (ii)  in excess of the amount to which the provider is entitled. See Utah Code 35A-3-102 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. See Utah Code 73-31-102 Person: means :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 assistance: means : (a)  services or benefits provided under Chapter 3, Employment Support Act; (b)  medical assistance provided under Title 26B, Chapter 3, Health Care - Administration and Assistance; (c)  foster care maintenance payments provided from the General Fund or under Title IV-E of the Social Security Act; (d)  SNAP benefits; and (e)  any other public funds expended for the benefit of a person in need of financial, medical, food, housing, or related assistance. See Utah Code 35A-1-102 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 Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102 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 SNAP: means the federal "Supplemental Nutrition Assistance Program" under Title 7, U. See Utah Code 35A-1-102 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 Statute of limitations: A law that sets the time within which parties must take action to enforce their rights. Statutory water bank: means a water bank created pursuant to 2. See Utah Code 73-31-102 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: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 :Utah Code 68-3-12.5