R655-5-2. Definitions

2.1 APPLICATION MAP--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--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, Diligence Claim, or Evidence of Pre-statutory Water Use.

2.3 HEREAFTER--in an Application for Permanent Change or Application for Temporary Change, the term "hereafter" means the conditions of authorized use of a perfected or approved water right proposed under the application, including point(s) of diversion, place(s) of beneficial use, nature of beneficial use, and period of use.

2.4 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 prior to the proposed changes, including point(s) of diversion, place(s) of beneficial use, nature of beneficial use, and period of use.

2.5 MUTUAL IRRIGATION COMPANY--an incorporated non-profit entity properly registered with the Department of Commerce, Division of Corporations, specifically established for the purposes of providing construction, operation, maintenance, and administration of water systems designed to deliver water to its shareholders.

2.6 PARCEL OF LAND--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.

2.7 PLACE OF BENEFICIAL USE--place of beneficial use that must be located on maps as required in the following rules is defined under one of the two following headings:

2.7.1 Specific Location--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 below for each type of beneficial use.

Irrigation - specific location where water will be applied on a parcel of land.

Domestic - specific location of the residence(s).

Stockwater - specific location where stock will be watered or area where stock are impounded or grazed.

Instream - specific location of the reach of stream where flows are to occur.

Fish culture - specific location of the pond, lake, reach of stream, or facility.

Mining - specific location or area where water will be used for mining purposes.

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.

Power, commercial, industrial, or other - specific location of the facility or area where beneficial use occurs.

2.7.2 Service Area--in the case of mutual irrigation companies, the federal government, state agencies, municipalities, water conservancy districts, special service districts, and qualifying water companies that serve subdivisions, the place of beneficial use is the water using entity's service area. The service area boundaries shall be described in sections or 40-acre tracts of each section, township, and range. Service areas are not required to be continuous nor consist of entirely contiguous parcels, i.e., there may be tracts within the described service area that are excluded as well as service area "islands" outside the main service area. Because of the changeable nature of their water service areas, municipalities are not required to define their service area boundaries. The boundaries of platted subdivisions would define the service areas for qualifying water companies.

2.8 PROOF MAP--a map submitted in conjunction with the filing of a Proof of Beneficial Use of Water under Section 73-3-16.

2.9 QUALIFYING WATER COMPANY--a mutual non-profit 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 companies shall have been established for the purposes of providing 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 State Engineer/Division of Water Rights.