Effective 5/10/2016 73-4-1. Action for a general adjudication of water rights — Requirements for state engineer to file — Adjudication area divisions. (1) (a) Five or more, or a majority of, water users of a water source may submit a signed, verified petition to the state engineer requesting an investigation of the rights of all […]
Effective 5/10/2016 73-4-10. Amendment of pleadings — Extensions of time. (1) The court shall have power to allow amendments to any petition, statement of claim, or pleading and to extend, upon due cause shown, the time for filing any other pleading, statement of claim, report, or objection. (2) If the claimant files a written request […]
Effective 5/12/2020 73-4-11. Proposed determination by engineer to court — Hydrographic survey map — Notice — Public meeting. (1) After full consideration of the statements of claims, records, and files, and after an examination of the river system or water source involved, the state engineer shall for the general adjudication area, division, or subdivision: (a) […]
Effective 5/4/2022 73-4-12. Judgment — In absence of contest. (1) If no contest on the part of any claimant shall have been filed, the court shall render a judgment in accordance with such proposed determination, which shall: (a) determine and establish the rights to the use of the water of said river system or water […]
73-4-13. In case of contest — Notice of hearing. If any contest or objection on the part of any claimant shall have been filed, as in this chapter provided, the court shall give not less than 15 days’ notice to all claimants, stating when and where the matter will be heard. No Change Since 1953
Effective 5/10/2016 73-4-14. Pleadings — Expert assistance for court. (1) The statements of claim shall stand in the place of pleadings, and issues may be made thereon. (2) Whenever requested so to do the state engineer shall furnish the court with any information which the state engineer may possess, or copies of any of the […]
Effective 5/10/2016 73-4-15. Judgment after hearing. Upon the completion of the hearing, after objections filed, the court shall enter judgment that shall determine and establish the rights to the use of the water of the river system or water source as provided in Section 73-4-12. Amended by Chapter 72, 2016 General Session
Effective 5/14/2019 73-4-16. Appeals. (1) There is a right of appeal from a final judgment of the district court to the Supreme Court as provided in Section 78A-3-102. (2) (a) There is a right of appeal to the Supreme Court from a district court order, judgment, or decree that resolves an objection filed in accordance […]
73-4-17. Certified copy of final judgment — Filing. Within 30 days after the entry of final judgment of the district court, or if an appeal is taken from a district court judgment, within 30 days after the final judgment on remittitur is entered, it shall be the duty of the clerk of the district court […]
73-4-18. General determination in court’s discretion — State to be made a party. Whenever any civil action is commenced in the district court involving fewer than 10 water claimants or less than the major part of the rights to the use of water from any river system, lake, underground water basin, or other source, the […]
73-4-19. Redetermination — Bond of applicant. Wherever a general determination of water rights upon any river system or water source has been made by the district court, any claimant to the use of water from such river system or water source seeking a redetermination of water rights upon such river system or water source shall, […]
73-4-2. Interstate streams. For the purpose of co-operating with the state engineers of adjoining states in the determination and administration of rights to interstate waters and for such other purposes as he may deem expedient, the state engineer, with the approval of the executive director and the governor, is authorized to initiate and to join […]
73-4-20. Revolving fund — Money expended not assessable against water users — Transfer of unexpended money to adjudication fund — Payment of costs of determinations — Money expended from adjudication fund not assessable against water users — Surplus to remain in adjudication fund. Money heretofore expended from the state engineer’s revolving fund in pending adjudications […]
Effective 5/10/2016 73-4-21. Duty to update address and ownership — Duty to follow court proceedings — Additional notice. (1) After the service of summons in the manner prescribed by Section 73-4-4, it shall be the duty of every person served individually or by publication to: (a) record any change in address or water right ownership […]
Effective 5/14/2019 73-4-22. State engineer’s duty to search records for and serve summons on claimants — Filing of affidavit — Publication of summons — Binding on unknown claimants. (1) The state engineer, throughout the pendency of proceedings, shall serve summons in the manner prescribed by Section 73-4-4 upon all claimants to the use of water […]
73-4-23. Effective date of amendatory act — Application to pending suits — State engineer’s certificate. This act shall be effective 60 days from its enactment and shall apply to all suits now pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, except those proceedings under which the state engineer has […]
Effective 5/10/2016 73-4-24. Petition for expedited hearing of objection — Petition for limited determination. (1) A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Section 73-4-11 in which the claimant has a direct interest. […]
Effective 5/10/2016 73-4-3. Notice and procedure for general adjudication of water rights — Statements of claim — Incomplete records. (1) Upon the filing of any action by the state engineer as provided in Section 73-4-1, or by any person claiming the right to use the waters of any river system, lake, underground water basin, or […]
Effective 5/8/2018 73-4-4. Summons for general adjudication of water rights — Requirements to serve summons individually and generally — Statement of claim requirement. (1) (a) The state engineer shall, by mail, serve a summons to a claimant of record in the state engineer’s office within a general adjudication area, division, or subdivision. (b) (i) The […]
Effective 5/4/2022 73-4-5. Requirements for statement of claim in general adjudication of water rights. (1) Except as provided in Subsection (2), each person claiming a right to use water of a river system or water source shall, within 90 days after the day on which notice of the time to file statements of claim as […]
