Section R655-5-2 - Definitions2.1 "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.Utah Admin. Code R655-5-2
Adopted by Utah State Bulletin Number 2024-01, effective 12/14/2023