Terms Used In Utah Code > Title 35A > Chapter 3 > Part 5 - Social Capital Formation Act

• 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 person who requests assistance under this chapter. See Utah Code 35A-3-102
• 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 73-28-103 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 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 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 Committee: means the Project Management Committee created in Section 73-28-105. See Utah Code 73-28-103 Construction costs: means all costs related to the construction of the project, including the environmental mitigation costs. See Utah Code 73-28-103 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 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 Developed water: means surface water developed by the project. See Utah Code 73-28-103 Director: means the director of the division assigned by the department to administer a program. See Utah Code 35A-3-102 District: means : (a)  the Central Iron County Water Conservancy District; (b)  the Kane County Water Conservancy District; (c)  the Washington County Water Conservancy District; or (d)  any combination of those districts listed in Subsections (5)(a) through (c). See Utah Code 73-28-103 diversion payment: means a one-time cash assistance payment under Section 35A-3-303 to a recipient who is eligible for cash assistance, but does not require extended cash assistance under 3. See Utah Code 35A-3-102 Division: means the Division of Water Resources. See Utah Code 73-28-103 Division: means the Division of Wildlife Resources. See Utah Code 73-29-102 Environmental mitigation costs: means costs associated with obtaining permits required by federal, state, or local governmental agencies. See Utah Code 73-28-103 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 Floating access: means the right to access public water flowing over private property for floating and fishing while floating upon the water. See Utah Code 73-29-102 Highway: includes :Utah Code 68-3-12.5 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 Land: includes :Utah Code 68-3-12.5 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 Navigable water: means a water course that in its natural state without the aid of artificial means is useful for commerce and has a useful capacity as a public highway of transportation. See Utah Code 73-29-102 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. 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 Performance monitoring system: means a process to regularly collect and analyze performance information, including performance indicators and performance goals. See Utah Code 35A-3-102 Person: means :Utah Code 68-3-12.5 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 (8)(a) through (h). See Utah Code 73-28-103 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Project: means the Lake Powell Pipeline project and associated facilities, including: (i)  facilities associated with environmental mitigation; (ii)  hydroelectric generating works and incidental electrical facilities; (iii)  pipelines; and (iv)  pumping stations. See Utah Code 73-28-103 Project costs: include preconstruction costs, construction costs, and project operation, maintenance, repair, and replacement costs. See Utah Code 73-28-103 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public access area: means the limited part of privately owned property that: (a)  lies beneath or within three feet of a public water or that is the most direct, least invasive, and closest means of portage around an obstruction in a public water; and (b)  is open to public recreational access under Section 73-29-203; and (c)  can be accessed from an adjoining public assess area or public right-of-way. See Utah Code 73-29-102 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 Public recreational access: means the right to engage in recreational access established in accordance with Section 73-29-203. See Utah Code 73-29-102 Public water: means water: (i)  described in Section 73-1-1; and (ii)  flowing or collecting on the surface: (A)  within a natural or realigned channel; or (B)  in a natural lake, pond, or reservoir on a natural or realigned channel. See Utah Code 73-29-102 Quorum: The number of legislators that must be present to do business. Recipient: means a person who is qualified to receive, is receiving, or has received assistance under this chapter. See Utah Code 35A-3-102 Recreational access: means to use a public water and to touch a public access area incidental to the use of the public water for: (i)  floating; (ii)  fishing; or (iii)  waterfowl hunting conducted: (A)  in compliance with applicable law or rule, including Sections 23-20-8, 73-29-203, and 76-10-508; and (B)  so that the individual who engages in the waterfowl hunting shoots a firearm only while within a public access area and no closer than 600 feet of any dwelling. See Utah Code 73-29-102 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. 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 social capital: means the value provided to the state by a civic organization, including values, cooperation, strength to families and neighborhoods, and ensuring livable communities and nurturing environments. See Utah Code 35A-3-502 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: A law passed by a legislature. 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 Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. 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 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