2006 Utah Code - 73-4-3 — Procedure for action to determine rights -- Notice to and list of claimants -- Manner of giving notice of further proceedings -- Duties of engineer -- Survey -- Notice of completion.

     73-4-3.   Procedure for action to determine rights -- Notice to and list of claimants -- Manner of giving notice of further proceedings -- Duties of engineer -- Survey -- Notice of completion.
     Upon the filing of any action by the state engineer as provided in Section 73-4-1, or by any person or persons claiming the right to the use of the waters of any river system, lake, underground water basin, or other natural source of supply, which involves a determination of the rights to the major part of the water of such source of supply or the rights of ten or more of the claimants of such source of supply, the clerk of the district court shall notify the state engineer that such suit has been filed. The state engineer then shall give notice to the claimants by publishing notice once a week for two consecutive weeks in a newspaper designated by the court as most likely to give notice to such claimants. The notice shall set forth that: such an action has been filed; the name of the action and the name and location of the court in which the action is pending; the name or description of the water source involved; and shall require claimants to the use of water therefrom to notify the state engineer within 90 days from the date notice is given of their names and addresses. After the expiration of 90 days the state engineer shall prepare a list which shall include the names and addresses of all claimants then of record in his office and all claimants who have notified the state engineer of their addresses, and this list shall be certified by the state engineer as complete and filed with the clerk of the court. The court upon petition may by order permit the addition of names and addresses to this list at any time during the pendency of the action, and the clerk of the court may, without court order, upon notice from the claimant note any change of address. If any claimant appears in this action by an attorney, the clerk shall note on the list the address of the attorney. After the list is filed by the state engineer, notice of further proceedings, after service of summons, may be given without court order by mailing a copy thereof to the persons listed at the addresses listed and by mailing a copy thereof to any attorney of record for any such person, and notice may be given to such listed persons and to all other claimants by publication in the manner and for the time prescribed by order of the district court. When such statement or list shall have been filed, the state engineer shall begin the survey of the water source and the ditches, canals, wells, tunnels, or other works diverting water therefrom; and as soon as this survey has been completed, the state engineer shall file notice of completion with the clerk and give notice by registered mail or by personal service to all claimants whose names appear on the list that the survey has been completed and that their claims are due within 90 days from the date of notice, and within 90 days after such service of such notice each claimant must file a written statement with the clerk of the court setting forth his respective claim to the use of such water. Notice given by mail shall be complete when the notice is mailed. When such a suit has been filed by the state engineer as provided by Section 73-4-1, or by any person or persons involving the major part of the waters of any river system, lake, underground water basin, or other source of supply, or the rights of ten or more of the water claimants of such source of supply, whether such suit is filed prior to or after the enactment hereof, it shall be the duty of the state engineer upon receiving notice thereof to examine the records of his office with respect to the water source involved, and if they are incomplete to make such further investigation and survey as may be necessary for the preparation of the report and recommendation as required by Section 73-4-11. In all such cases the court shall proceed to determine the water rights involved in the manner provided by this chapter, and not otherwise.

Amended by Chapter 252, 1979 General Session