Utah Code 73-33-202. Challenges to a distribution management plan
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(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:
Terms Used In Utah Code 73-33-202
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Distribution management plan: means a plan adopted by the state engineer in accordance with Section
73-33-201 . See Utah Code 73-33-101 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- 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
- Venue: The geographical location in which a case is tried.
(1)(a) under Title 78A, Judiciary and Judicial Administration; and(1)(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)
(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:
(4)(a)(i) once a week for two consecutive weeks in a newspaper of general circulation in the county in which the court is located; and
(4)(a)(ii) for two weeks in accordance with Section 45-1-101 .
(4)(b) The notice required by Subsection (4)(a) shall:
(4)(b)(i) identify the distribution management plan that the person is challenging;
(4)(b)(ii) identify the case number assigned by the court;
(4)(b)(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
(4)(b)(iv) list the address of the clerk of the court in which the action is filed.
(4)(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.