48-4801. Definitions

In this chapter, unless the context otherwise requires:

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

2. " Board" means either the initial board of directors or the permanent board of directors of a 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 48-4973, subsection B, paragraph 8.

4. " Credits" means any groundwater in addition to the amount of groundwater that may be used at a water district member land or delivered within a water district member service area for use within the water district 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 stated in section 48-4975, subsection A, paragraph 4.

6. " District" means an active management area water district established under this chapter.

7. " Effluent" has the definition prescribed by section 45-101.

8. " Excess groundwater" means an amount of groundwater equal to that amount of groundwater delivered to a water district member land in a calendar year or delivered within a water district member service area by the municipal provider for that water district member service area in a calendar year in excess of the amount of groundwater that may be used at the water district member land in that calendar year or may be delivered by the municipal provider for use within the water district member service area in that calendar year consistent with the applicable assured water supply rules adopted by the department of water resources pursuant to section 45-576, subsection H for the active management area where the water district member land or the water district member service area is located.

9. " Initial board" means the initial board of directors of a district organized under section 48-4803 for the purpose of establishing and managing the district preliminary to its permanent establishment under article 2 of this chapter or its dissolution under section 48-4806, subsection B, paragraph 2.

10. " Municipal provider" means a city, town or private water company.

11. " Operating unit" means a county, city, town, water company or political subdivision, this state, the United States, an Indian tribe or any other public or private entity with which a district has a contractual relationship for the acquisition, delivery, exchange, treatment, storage or recharge of water.

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

13. " Permanent board" means the permanent board of directors of a district organized under section 48-4831.

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

15. " Project" means a facility necessary or convenient to obtain, divert, withdraw, transport, exchange, deliver, treat or store water, including rights-of-way, real and personal property, interests in property and improvements to property that are necessary or appropriate to maintain and operate the facilities.

16. " Replenish" means to increase the amount of groundwater in an aquifer through water storage pursuant to title 45, chapter 3.1 for the purposes of meeting the obligations of article 7 of this chapter.

17. " 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.

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

19. " Water company" means either a private water company as defined in section 45-402 or an irrigation district that primarily serves municipal water.

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

21. " Water district member land" means any real property that meets the requirements of section 48-4975.

22. " Water district member service area" means the service area of a municipal provider that is located in the active management area in which the district is located and that qualifies as a water district member service area under section 48-4981, including any additions to or extensions of the service area.

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

24. " Water district service area replenishment obligation" means, with respect to any particular water district member service area, the excess groundwater of that water district member service area in a particular calendar year reduced by the replenishment credits, if any, applied by the municipal provider with respect to the water district member service area under section 48-4973, subsection I.

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