Full text of Utah Utah Code § 3d-401 — Definitions., with citation guidance and answers to common questions.
§ 3d-401. Definitions.
Effective 5/3/2023 73-3d-401.
Definitions. As used in this part:
(1)
"Arbitration" means a private hearing before a neutral or panel of neutrals from the department who hear the evidence, consider the contentions of the parties, and enters a written award to resolve the issues presented.
(2)
"Commission" means the Conservation Commission created in Section 4-18-104.
(3)
"Consequential damages" means the losses or injuries from the exercise of a preference under this chapter that result in material losses to an interrupted user and that are reasonably foreseeable to someone familiar with the industry where use is being made of the water at the time the preference is exercised, including:
(a)
loss of sales or operating revenue;
(b)
damage to equipment; or
(c)
damage to capital facilities or operational assets.
(4)
"Department" means the Department of Agriculture and Food.
(5)
"Fund" means the Agriculture Resource Development Fund created in Section 4-18-106.
(6)
"Interrupted user" means a person whose beneficial use of water is interrupted by the preferential use of water under this chapter, and is:
(a)
the holder or lessee of an approved application to appropriate water that is interrupted;
(b)
the record or equitable holder or lessee of a perfected water right that is interrupted; or
(c)
the owner, lessor, or lessee of a right to use water that is represented by shares of stock in a mutual water company whose water rights are interrupted.
(7)
"Mediation" means a private forum in which one or more impartial persons from the department facilitate communication between the interrupted user and the preferential user to promote a mutually acceptable resolution or settlement.
(8)
"Preferential user" means a person specified in the executive order declaring a temporary water shortage emergency who uses water preferentially during the temporary water shortage emergency.
Section 3d-401 ("Definitions.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 3d-401?
A common citation format is "Utah Code § 3d-401" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 3d-401 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
