Utah Admin. Code R655-5-2 - Definitions
2.1 "Application Map" means a map filed in
support of an Application to Appropriate, Temporary Application to Appropriate,
Application to Exchange Water, Application for Permanent Change of Water, or
Application for Temporary Change of Water.
2.2 "Competent Survey" means a survey
performed by or under the direction of either a Utah-licensed professional land
surveyor or a Utah-licensed professional engineer. It must be based on measured
ties, metes, and bounds, to a regularly established and monumented section
corner or quarter corner. The survey shall be conducted to produce location
specifications within a one-foot positional tolerance. It may be submitted in
support of a Proof of Beneficial Use or Diligence Claim.
2.3 "Basis of Bearing" means the bearing in
degrees, minutes and seconds, or equivalent, of a line between two physical
monuments or two monumented corners that serves as the reference bearing for
all other lines on the survey. The absence of a basis of bearing does not
invalidate a survey or legal description, however the datum used must be
identified.
2.4 "Hereafter" in an
Application for Permanent Change or Application for Temporary Change, means the
conditions of authorized use of a perfected or approved water right proposed
under the application, including point of diversion, place of beneficial use,
nature of beneficial use, and period of use.
2.5 "Heretofore" in an Application for
Permanent Change or Application for Temporary Change, the term "heretofore"
means the conditions of authorized use of a perfected or approved water right
existing before the proposed changes, including point of diversion, place of
beneficial use, nature of beneficial use, and period of use.
2.6 "Mutual Irrigation Company" means an
incorporated non-profit entity properly registered with the Department of
Commerce, Division of Corporations, specifically established to provide
construction, operation, maintenance, and administration of water systems
designed to deliver water to its shareholders.
2.7 "Parcel of Land" means a tract or tracts
of land held in undivided ownership by one or more persons. Its legal
description may be described by a metes and bounds description, as a lot or
subdivision of a section, or entire sections. The place of beneficial use of
water is located on the parcel of land and may occupy the entire parcel or only
a portion of the parcel.
2.8 "Place
of Beneficial Use" means place of beneficial use located on maps as required in
this rule and defined under one of the two following headings:
2.8.1 Specific Location means, for most
privately owned water rights, the place of beneficial use is the specific
location, identified by a legal description by metes and bounds, of the point,
facility, or area where water is placed to a recognized type of beneficial use.
The area to be located is described in this rule for each type of beneficial
use.
(1) Irrigation - specific location where
water will be applied on a parcel of land.
(2) Domestic - specific location of the
residence.
(3) Stockwater -
specific location where stock will be watered or area where stock are impounded
or grazed.
(4) Instream - specific
location of the reach of stream where flows are to occur.
(5) Fish culture - specific location of the
pond, lake, reach of stream, or facility.
(6) Mining - specific location or area where
water will be used for mining purposes.
(7) Oil well development - specific location
of the oil field described in the developing entity's mineral rights or other
development authority or the specific location of the facility or area where
beneficial use occurs.
(8) Power,
commercial, industrial, or other - specific location of the facility or area
where beneficial use occurs.
2.8.2 "Service Area" means -- The place of
beneficial use that a qualifying entity may, and physically capable of,
providing water to. The service area shall be described in sections or 40-acre
tracts of each section, township, and range, or by a previously established
place of use defined for a public water supplier, irrigation company, or other
qualifying water company. Service areas are not required to be continuous nor
consist of entirely contiguous parcels.. There may be tracts within the
described service area that are excluded as well as service areas outside of
the main service area. The boundaries of platted subdivisions would define the
service areas for qualifying water companies.
2.9 "Proof Map" means a map submitted in
conjunction with the filing of a Proof of Beneficial Use of Water under Section
73-3-16.
2.10 "Qualifying Water Company" means a
mutual nonprofit or private for-profit water entity properly registered with
the Department of Commerce, Division of Corporations, if a corporation, or with
the Division of Public Utilities, either as a regulated utility or as holding a
letter of exemption. Such company shall have been established to provide
construction, operation, maintenance, and administration of water systems
specifically designed to serve one or more legally platted and recorded
subdivisions. Such entities shall be bound by their articles of incorporation
or bylaws to monitor water use within their designated service areas and report
annually that use to the Division of Water Rights.
Notes
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