2006 Utah Code - 73-4-11 — Report and recommendation by engineer to court.

     73-4-11.   Report and recommendation by engineer to court.
     Within thirty days after the expiration of the 60 days allowed for filing statements of claims, the state engineer shall begin to tabulate the facts contained in the statements filed and to investigate, whenever he shall deem necessary, the facts set forth in said statements by reference to the surveys already made or by further surveys, and shall as expeditiously as possible make a report to the court with his recommendation of how all rights involved shall be determined.
     After full consideration of the statements of claims, and of the surveys, records, and files, and after a personal examination of the river system or water source involved, if such examination is deemed necessary, the state engineer shall formulate a report and a proposed determination of all rights to the use of the water of such river system or water source, and a copy of the same shall be mailed by regular mail to each claimant with notice that any claimant dissatisfied therewith may within ninety days from such date of mailing file with the clerk of the district court a written objection thereto duly verified on oath. The state engineer shall distribute the waters from the natural streams or other natural sources in accordance with the proposed determination or modification thereof by court order until a final decree is rendered by the court; provided, if the right to the use of said waters has been theretofore decreed or adjudicated said waters shall be distributed in accordance with such decree until the same is reversed, modified, vacated or otherwise legally set aside.

No Change Since 1953