R655-16-5. Definitions  


Latest version.
  • (1) Terms used in this rule are defined as follows:

    (a) "Application for Apportionment of Beneficial Use Amounts" means an application requesting that the State Engineer apportion the Beneficial Uses of a Water Use Group among the supplemental water rights that make up the Water Use Group.

    (b) "Beneficial Use" means the purpose to which water diverted under a water right is applied and the amount of that Beneficial Use. Examples include but are not limited to irrigation (amounts measured in acres); stock watering (amounts measured in numbers of equivalent livestock units); domestic (indoor residential - amounts measured in numbers of equivalent domestic units); and commercial, industrial, municipal (amounts measured in acre-feet).

    (c) "Beneficial Use Amount" means the amount of Beneficial Use a water right contributes to a Water Use Group that includes the subject water right.

    (d) "Change Application" means an application for permanent or temporary change of a water right as defined in Section 73-3-3.

    (e) "Declaration of Beneficial Use Amounts" (Declaration) means either a form provided by the State Engineer, or an alternative document containing the same information, for use by Water Right Holders to declare the Beneficial Use Amount of some or all of the individual water rights in a Water Use Group.

    (f) "Party" means only the applicant and other Water Right Holders within the Water Use Group.

    (g) "Proof" means Proof of Beneficial Use for an appropriation or permanent change as described in Section 73-3-16 or as may be required by the State Engineer under 73-3-20(2).

    (h) "Sole Supply" means the amount of Beneficial Use allowed under a particular water right when used alone and separate from all Supplemental Rights. If a water right has been assigned to more than one Water Use Group, the Sole Supply of the water right is the sum of its Beneficial Use Amounts.

    (i) "Supplemental Right" means a water right that is used together with one or more other water rights for a common Beneficial Use.

    (j) "Water Right Holder" means the entity, person, or persons documented as owning a water right in the records of the State Engineer.

    (k) "Water Use Group" means one or more water rights listed and assigned a unique number in the records of the State Engineer as being applied to a common Beneficial Use.