As used in this chapter:

1. (1) "Board" means the Board of Water Resources.

2. (2)

   1. (a) "Construction costs" means all costs related to the development of a project, except the costs of environmental mitigation.

   2. (b) Construction costs include:

      1. (i) planning;
      2. (ii) engineering and legal work;
      3. (iii) permitting;
      4. (iv) acquisition of land and rights-of-way;
      5. (v) rebuilding and relocation of highways or other facilities affected by the project;
      6. (vi) compensation for impairment of existing water rights;
      7. (vii) construction of the dam, reservoir, and associated facilities; and
      8. (viii) expenses of the division related to the project.
3. (3) "Developed waters" means surface water developed by projects authorized under this chapter.
4. (4) "Division" means the Division of Water Resources.

5. (5) "Environmental mitigation costs" means costs that may be required by federal, state, or local governmental agencies for project environmental permitting, including:

   1. (a) planning;
   2. (b) environmental and engineering studies;
   3. (c) permitting;
   4. (d) acquisition of land and rights-of-way; and
   5. (e) operation, maintenance, and repair of facilities associated with project environmental mitigation.

6. (6) "Preconstruction costs" means any of the following costs incurred before project construction begins:

   1. (a) planning;
   2. (b) design;
   3. (c) engineering studies;
   4. (d) legal work;
   5. (e) permitting;
   6. (f) acquisition of land and rights-of-way;
   7. (g) compensation for impairment of existing water rights;
   8. (h) environmental studies; or
   9. (i) any combination of Subsections (6)(a) through (h).
7. (7) "Project costs" include preconstruction costs, construction costs, environmental mitigation costs, and costs of operation, maintenance, repair, and replacement.

Amended by Chapter 84, 2006 General Session