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Utah Code
2025 Utah Code
Title 73 - Water and Irrigation
Chapter 33 - Great Salt Lake Distribution Management
Part 2 - Distribution Management Plan
Section 202 - Challenges to a distribution management plan.
Universal Citation:
UT Code § 73-33-202 (2025)
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Effective 5/1/2024
73-33-202. Challenges to a distribution management plan.
Enacted by Chapter 25, 2024 General Session
73-33-202. Challenges to a distribution management plan.
- (1)A person aggrieved by a distribution management plan may challenge any aspect of the distribution management plan by filing a complaint within 60 days after the distribution management plan takes effect in a court with jurisdiction:
- (a)under Title 78A, Judiciary and Judicial Administration; and
- (b)notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, over a geographic area bordering the Great Salt Lake.
- (2)In an action filed under this section, a court shall review de novo the distribution management plan.
- (3)A person challenging a distribution management plan under this section shall join the state engineer as a defendant in that action.
- (4)
- (a)No later than 30 days after the day on which a person files an action challenging any aspect of a distribution management plan, the person filing the action shall publish notice of the action:
- (i)once a week for two consecutive weeks in a newspaper of general circulation in the county in which the court is located; and
- (ii)for two weeks in accordance with Section 45-1-101.
- (b)The notice required by Subsection (4)(a) shall:
- (i)identify the distribution management plan that the person is challenging;
- (ii)identify the case number assigned by the court;
- (iii)state that a person affected by the distribution management plan may petition the court to intervene in the action challenging the distribution management plan; and
- (iv)list the address of the clerk of the court in which the action is filed.
- (c)A person affected by a distribution management plan that is being challenged under this section may petition to intervene in the action in accordance with Utah Rules of Civil Procedure, Rule 24.
- (a)No later than 30 days after the day on which a person files an action challenging any aspect of a distribution management plan, the person filing the action shall publish notice of the action:
Enacted by Chapter 25, 2024 General Session
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