Utah § 73-31-102 - Definitions.

Full text of Utah Utah Code § 73-31-102 — Definitions., with citation guidance and answers to common questions.

§ 73-31-102. Definitions.

Effective 5/12/2020
73-31-102.  Definitions.
     As used in this chapter:
(1) "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 Part 2, Statutory Water Banks; or
(b) a public entity applying for board approval of a contract water bank under Part 3, Contract Water Banks.
(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 Part 3, Contract Water Banks.
(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 Part 2, Statutory Water Banks.
(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.


Enacted by Chapter 342, 2020 General Session

Frequently Asked Questions About Utah § 73-31-102

What does Utah Code § 73-31-102 cover?

Section 73-31-102 ("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 § 73-31-102?

A common citation format is "Utah Code § 73-31-102" (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 § 73-31-102 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.

Sources & Verification

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