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 ofcompletion.
(1) Upon the filing of any action by the state engineer as provided in Section 73-4-1, orby any person claiming the right to use the waters of any river system, lake, underground waterbasin, or other natural source of supply that involves a determination of the rights to the majorpart of the water of the source of supply or the rights of 10 or more of the claimants of the sourceof supply, the clerk of the district court shall notify the state engineer that a suit has been filed.
(2) (a) The state engineer then shall give notice to the claimants by publishing notice:
(i) once a week for two consecutive weeks in a newspaper designated by the court asmost likely to give notice to such claimants; and
(ii) in accordance with Section 45-1-101 for two weeks.
(b) The notice shall state:
(i) an action has been filed;
(ii) the name of the action;
(iii) the name and location of the court in which the action is pending; and
(iv) the name or description of the water source involved.
(c) Claimants to the use of water shall notify the state engineer within 90 days from thedate notice is given of their names and addresses.
(d) After the expiration of 90 days, the state engineer shall prepare a list that shallinclude the names and addresses of all claimants then of record in the state engineer's office andall claimants who have notified the state engineer of their addresses, and this list shall becertified by the state engineer as complete and filed with the clerk of the court.
(e) At any time during the action:
(i) the court upon petition may by order permit the addition of names and addresses tothe list prepared under Subsection (2)(d);
(ii) the court upon petition by the state engineer may by order permit amendment orsubstitution of the list prepared under Subsection (2)(d); and
(iii) the clerk of the court may, without court order, upon notice from the claimant andupon amendment of the state engineer's records note any change of address.
(f) If any claimant appears in this action by an attorney, the clerk shall note on the list theaddress of the attorney.
(g) After the list is filed by the state engineer, notice of further proceedings, after serviceof summons, may be given without court order by mailing a copy thereof to the persons listed atthe addresses listed and by mailing a copy thereof to any attorney of record for any such person,and notice may be given to the listed persons and to all other claimants by publication in themanner and for the time prescribed by order of the district court and in accordance withSubsection (2)(a).
(3) After the statement or list is filed, the state engineer shall:
(a) begin the survey of the water source and the ditches, canals, wells, tunnels, or otherworks diverting water from the water source; and
(b) hold a public meeting in the survey area to inform a water right claimant of thesurvey.
(4) (a) As soon as the survey is complete, the state engineer shall file notice ofcompletion with the clerk and give notice by mail or by personal service to all claimants whose
names appear on the list that:
(i) the survey is complete;
(ii) their claims are due within 90 days from the date of notice; and
(iii) within 90 days after service of the notice, each claimant must file a written statementwith the clerk of the court setting forth the claimant's respective claim to the use of the water.
(b) Notice given by mail is complete when the notice is mailed.
(5) When a suit has been filed by the state engineer as provided by Section 73-4-1, or byany person involving the major part of the waters of any river system, lake, underground waterbasin, or other source of supply, or the rights of 10 or more of the water claimants of the sourceof supply, whether the suit is filed prior to or after the enactment hereof, the state engineer, uponreceiving notice, shall examine the records of the state engineer's office with respect to the watersource involved, and if they are incomplete to make such further investigation and survey as maybe necessary for the preparation of the report and recommendation as required by Section73-4-11.
(6) In all such cases the court shall proceed to determine the water rights involved in themanner provided by this chapter, and not otherwise.
Amended by Chapter 365, 2009 General Session
Amended by Chapter 388, 2009 General Session