| (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. |
Terms Used In Utah Code 73-4-24
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (2) |
A petition under Subsection (1) shall identify any party directly affected by the objection, if known to the claimant, and state why the hearing of the objection should be expedited. |
| (3) |
A petitioner under Subsection (1) shall notify those affected by the petition as directed by the court. |
| (4) |
The court may grant a petition under Subsection (1) if:
| (a) |
the court finds that the expedited hearing is necessary in the interest of justice; |
| (b) |
granting the petition will facilitate a reasonably prompt resolution of the matters raised in the objection; and |
| (c) |
granting the petition does not prejudice the right of another claimant. |
|
| (5) |
During the pendency of a general adjudication suit, a claimant or group of claimants may petition the court to direct the state engineer to prepare a proposed determination and hydrographic survey map for a limited area within the general adjudication area in which the claimant or group of claimants has a claim. |
| (6) |
The court may grant a petition under Subsection (5) if:
| (a) |
the claimant or group of claimants will suffer prejudice if the petition is not granted; |
| (b) |
the matters raised by the claimant or group of claimants are proper for determination in a general adjudication; |
| (c) |
granting the petition will not unduly burden the state engineer’s resources; and |
| (d) |
granting the petition will not unduly interfere with the state engineer’s discretion to allocate resources for the preparation of another proposed determination. |
|
| (7) |
If the court grants a petition under this section, the state engineer shall comply with this chapter in satisfying the court’s order. |
Amended by Chapter 72, 2016 General Session
