Terms Used In Utah Code > Title 34A > Chapter 2 > Part 4 - Compensation and Benefits

• Account: means the Agricultural Water Optimization Account created in Section 73-10g-204. See Utah Code 73-10g-203.5
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Agreement: means a short-term agreement or a long-term agreement. See Utah Code 73-10d-3
• Agricultural water optimization: means the implementation of agricultural and water management practices that maintain viable agriculture while reducing water depletion to enhance water availability and minimize impacts on water supply, water quality, and the environment. See Utah Code 73-10g-203.5
• 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.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• 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
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Average weekly wages: means the average weekly wages as determined under Section 34A-2-409. See Utah Code 34A-2-102
• Award: means a final order of the commission as to the amount of compensation due:

  (i)	an injured employee; or

  (ii)	a dependent of a deceased employee. See Utah Code 34A-2-102 Board: means the Board of Water Resources;

  (2)	"Division" means the Division of Water Resources; and

  (3)

  "Restricted account" means the Water Infrastructure Restricted Account created in Section 73-10g-103. See Utah Code 73-10g-102 Board: means the Board of Water Resources created in Section 73-10-1. See Utah Code 73-10c-2 Bonds: means obligations issued by a municipality or a county under Title 11, Chapter 17, Utah Industrial Facilities and Development Act, and the provisions of this chapter. See Utah Code 73-10d-3 Brother or sister: includes a half brother or sister. See Utah Code 34A-2-102 Change application: means an application filed under Section 73-3-3. See Utah Code 73-10g-203.5 Child: includes : (i)  a posthumous child; or (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 Commissioner: means the commissioner of the commission appointed under Section 34A-1-201. See Utah Code 34A-1-102 Committee: means the Agricultural Water Optimization Committee created in Section 73-10g-205. See Utah Code 73-10g-203.5 Compensation: means the payments and benefits provided for in this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102 Conservation commission: means the conservation commission created in Section 4-18-104. See Utah Code 73-10g-203.5 Contract: A legal written agreement that becomes binding when signed. 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. Cost: means , with respect to any privatization project or facility related thereto, without limitation: (a)  all costs of designing, planning, acquiring, constructing, reconstructing, modifying, improving, maintaining, equipping, extending, furnishing, and placing in service any privatization project, including architectural, planning, engineering, legal, and fiscal advisors' fees or costs, and any costs incident to the acquisition of any necessary property, easement, or right-of-way; (b)  any costs incurred for preliminary planning to determine the economic or engineering feasibility of a proposed privatization project, including, without limitation, costs of economic investigations and studies, surveys, preparation of designs, plans, working drawings, specifications, and inspection and supervision of the construction of any facility; (c)  all costs incident to the purchase, installation, or financing of equipment, machinery, and other personal property required by a privatization project; (d)  all costs incident to the authorization and issuance of bonds, including accountants' fees, attorneys' fees, financial advisors' fees, underwriting fees, including bond discount, and other professional services and printing costs; (e)  all costs incident to the establishment and funding of appropriate reserve funds; and (f)  interest estimated to accrue on any bonds issued to finance a privatization project for a reasonable period of time prior to construction, during construction, and for a reasonable period of time after construction. See Utah Code 73-10d-3 Council: means the state council or a local council created under this part. See Utah Code 73-10g-302 Council: means the Water Development Coordinating Council created by Sections 79-2-201 and 73-10c-3. See Utah Code 73-10c-2 Credit enhancement agreement: means an agreement entered into according to this chapter between the Drinking Water Board or the Water Quality Board, on behalf of the state, and a political subdivision, for the purpose of providing methods and assistance to political subdivisions to improve the security for and marketability of drinking water project obligations and wastewater project obligations. See Utah Code 73-10c-2 Decedent: A deceased person. Decision: includes : (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 (B)  another adjudicative ruling in accordance with this chapter or Chapter 3, Utah Occupational Disease Act. See Utah Code 34A-2-102 Department: means the Department of Agriculture and Food. See Utah Code 73-10g-203.5 Dependent: A person dependent for support upon another. Depletion reduction: means a net decrease in water consumed accomplished by implementing water optimization practices during beneficial use of water under an approved water right. See Utah Code 73-10g-203.5 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 Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Diversion reduction: means a decrease in net diversion amount from that allowed under a water right accomplished by implementation of water optimization practices. See Utah Code 73-10g-203.5 Division: means the Division of Industrial Accidents. See Utah Code 34A-2-102 Division: means the Division of Water Resources. See Utah Code 73-10f-1 Drinking Water Board: means the Drinking Water Board appointed according to Section 19-4-103. See Utah Code 73-10c-2 Drinking water or wastewater project obligation: means , as appropriate, any bond, note, or other obligation of a political subdivision issued to finance all or part of the cost of acquiring, constructing, expanding, upgrading, or improving a drinking water project or wastewater project. See Utah Code 73-10c-2 Drinking water project: includes : (i)  collection, treatment, storage, and distribution facilities under the control of the operator and used primarily with the system; (ii)  collection pretreatment or storage facilities used primarily in connection with the system but not under operator's control; and (iii)  studies, planning, education activities, and design work that will promote protecting the public from waterborne health risks. See Utah Code 73-10c-2 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. Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts 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. Facility: means any structure, building, machinery, system, land, water right, or other property necessary or desirable to provide the services contemplated by a privatization project, including, without limitation, all related and appurtenant easements and rights-of-way, improvements, utilities, landscaping, sidewalks, roads, curbs and gutters, and equipment and furnishings. See Utah Code 73-10d-3 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. Funding application: means an application filed under Section 73-10g-206. See Utah Code 73-10g-203.5 Governing authority: means the persons, board, body, or entity in which the legislative powers of a political subdivision are vested. See Utah Code 73-10d-3 Governing body: means the body in which the general legislative powers of a municipality or county are vested. See Utah Code 73-10d-3 Great Salt Lake watershed: means the area comprised of the Great Salt Lake, the Bear River watershed, the Jordan River watershed, the Utah Lake watershed, the Weber River watershed, and the West Desert watershed. See Utah Code 73-10g-401 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 Hardship Grant Assessment: means the charge the Water Quality Board or Drinking Water Board assesses to recipients of loans made from the subaccount created in Subsection 73-10c-5(2)(b) or 73-10c-5(3)(b) in lieu of or in addition to interest charged on these loans. See Utah Code 73-10c-2 Impairment: is a purely medical condition reflecting an anatomical or functional abnormality or loss. See Utah Code 34A-2-102 Integrated water assessment: means an integrated surface and ground water assessment for the Great Salt Lake watershed developed under Section 73-10g-402. See Utah Code 73-10g-401 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC 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. Land: includes :Utah Code 68-3-12.5 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 Lien: A claim against real or personal property in satisfaction of a debt. Lineal descendant: Direct descendant of the same ancestors. Local council: means a local watershed council created in accordance with Section 73-10g-306. See Utah Code 73-10g-302 Long-term agreement: means an agreement or contract having a term of more than five years and less than 50 years. See Utah Code 73-10d-3 Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5 Municipality: means any incorporated city or town in the state, including cities or towns operating under home rule charters. See Utah Code 73-10d-3 Nonpoint source project: means a facility, system, practice, study, activity, or mechanism that abates, prevents, or reduces the pollution of waters of this state by a nonpoint source. See Utah Code 73-10c-2 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. 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 Oversight: Committee review of the activities of a Federal agency or program. Person: means :Utah Code 68-3-12.5 Personal injury by accident arising out of and in the course of employment: includes an injury caused by the willful act of a third person directed against an employee because of the employee's employment. See Utah Code 34A-2-102 Political subdivision: means a county, city, town, improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under Title 11, Chapter 13, Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of this state. See Utah Code 73-10c-2 Political subdivision: means the state or any municipality, county improvement district, water conservancy district, special service district, drainage district, metropolitan water district, irrigation district, separate legal or administrative entity created under the Interlocal Cooperation Act, or any other entity constituting a political subdivision under the laws of the state. See Utah Code 73-10d-3 Privatization project: means all or part of any drinking water, water, or wastewater project which is owned or operated by a private owner/operator, and provides the related services to political subdivisions. See Utah Code 73-10d-3 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Quorum: The number of legislators that must be present to do business. 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. Saved water: means the water quantified as depletion reduction or diversion reduction in a final order approving a change application filed in conjunction with an agricultural water optimization project. See Utah Code 73-10g-203.5 Security fund: means the Water Development Security Fund created in Section 73-10c-5. See Utah Code 73-10c-2 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. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 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 council: means the Utah Watersheds Council created in Section 73-10g-304. See Utah Code 73-10g-302 Statute: A law passed by a legislature. Supervising agency: means the Water Development Coordinating Council created in Section 73-10c-3. See Utah Code 73-10d-3 Task force: means the Joint Gubernatorial/Legislative Task Force on the Bear River created in Laws of Utah 1989, Chapter 158. See Utah Code 73-10f-1 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Utah Water Task Force: means a task force created by the Department of Natural Resources to review and make recommendations regarding water issues. See Utah Code 73-10g-302 Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate. Wastewater project: means : (a)  a sewer, storm or sanitary sewage system, sewage treatment facility, lagoon, sewage collection facility and system, and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state; and (b)  a study, pollution prevention activity, or pollution education activity that will protect the waters of this state. See Utah Code 73-10c-2 Wastewater project: means any sewer, sewage system, sewage treatment facility, lagoon, sewage collection facility and system and related pipelines, and all similar systems, works, and facilities necessary or desirable to collect, hold, cleanse, or purify any sewage or other polluted waters of this state, and related structures and facilities. See Utah Code 73-10d-3 Water Quality Board: means the Water Quality Board appointed according to Section 19-5-103. See Utah Code 73-10c-2 Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water whether surface, underground, natural, artificial, public, private, or other water resource of the state which is contained within or flows in or through the state. See Utah Code 73-10c-2 Waters of this state: means any stream, lake, pond, marsh, watercourse, waterway, well, spring, irrigation system, drainage system, or other body or accumulation of water, whether surface, underground, natural, artificial, public or private, or other water resource of the state, which is contained within or flows in or through the state. See Utah Code 73-10d-3 Work plan: means the plan developed under Section 73-10g-403 to develop and implement an integrated water assessment. See Utah Code 73-10g-401 Writing: includes :Utah Code 68-3-12.5