48-3701. Definitions

In this chapter, unless the context otherwise requires:

1. " Active management area" means an active management area established under title 45, chapter 2, article 2.

2. " Board" means the board of directors of a multi-county water conservation district.

3. " Contract replenishment obligation" means an amount of groundwater that the district contracts to replenish in a year on behalf of a municipal provider pursuant to a contract authorized under section 48-3772, subsection B, paragraph 9.

4. " Credits" means any groundwater in addition to the amount of groundwater that may be used at a member land or delivered within a member service area for use within the member service area pursuant to the applicable assured water supply rules adopted by the department of water resources.

5. " Declaration" means an instrument recorded against real property and conforming to the requirements prescribed by section 48-3774, subsection A, paragraph 5.

6. " District" means a multi-county water conservation district organized under the authority of this chapter.

7. " Excess groundwater" means an amount of groundwater equal to that amount of groundwater delivered to a member land in a calendar year or delivered within a member service area by the municipal provider for that member service area in a calendar year in excess of the amount of groundwater that may be used at the member land in that calendar year or that may be delivered by the municipal provider for use within the member service area in that calendar year and consistent with the applicable assured water supply rules adopted by the department of water resources for the active management area where the member land or the member service area is located.

8. " Excess groundwater increment" means the amount by which excess groundwater reported for a member service area under section 48-3775, subsection B in any year exceeds the maximum amount of excess groundwater reported for that member service area in any prior year.

9. " Groundwater replenishment obligation" means, for each active management area in which member lands or member service areas are or may be located, the total of the cumulative parcel replenishment obligation of all parcels of member land in that active management area for a particular calendar year plus the cumulative service area replenishment obligation of all member service areas in that active management area for a particular calendar year.

10. " Member land" means any real property that meets the requirements of section 48-3774.

11. " Member service area" means the service area of a municipal provider that qualifies as a member service area under section 48-3780, including any additions to or extensions of the service area.

12. " Multi-county water conservation district" means a district composed of three or more counties that have joined together for the creation of a district.

13. " Municipal provider" means a city, town or private water company or an irrigation district that supplies water for non-irrigation use.

14. " Parcel of member land" means any portion of member land for which the tax assessor for the county in which the member land is located has issued a separate county parcel number.

15. " Parcel replenishment obligation" means, with respect to any particular parcel of member land, an amount of groundwater that is equal to the amount of groundwater delivered to the parcel of member land in a calendar year multiplied by the percentage that the excess groundwater of the applicable member land for that year bears to the total amount of groundwater delivered to the applicable member land during that year.

16. " Population" means the population determined in the most recent United States decennial census.

17. " Private water company" has the same meaning prescribed in section 45-402.

18. " Projected one hundred year replenishment obligation" means for each active management area, the district's total projected annual groundwater replenishment obligation at active management area build-out, multiplied by one hundred.

19. " Replenish" means to increase the amount of groundwater in an aquifer through water storage pursuant to title 45, chapter 3.1 for the purpose of meeting the obligations of article 4 of this chapter.

20. " Reserve target" means the volume calculated for each active management area as prescribed by section 48-3772, subsection E.

21. " Resolution" means a resolution adopted by the governing body of a city or town, by the board of directors of a private water company that is a corporation, by the general partners of a private water company that is a partnership or by the individual owners of a private water company that is individually owned.

22. " Secretary" means the secretary of the interior of the United States of America.

23. " Service area" has the same meaning prescribed in section 45-402.

24. " Service area replenishment obligation" means, with respect to any particular member service area, the excess groundwater of that member service area in a particular calendar year reduced by the replenishment credits, if any, applied by the municipal provider with respect to the member service area under section 48-3772, subsection H.

25. " Water storage" has the same meaning prescribed in section 45-802.01.