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
Borrower: means a person seeking to use a banked water right within a water bank's service area. See Utah Code 73-31-102
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
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
Deposit: means depositing a banked water right for use within the service area of a water bank. See Utah Code 73-31-102
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
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
Service area: means the geographic area where a water bank is approved to operate and operates. See Utah Code 73-31-102
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
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
Water bank: means a contract water bank or a statutory water bank. See Utah Code 73-31-102
(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 contractwater bank under 3.
(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 3.
(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 2.
(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.
