73-3-14. Judicial review of state engineer order.

456 words·~2 min read·/ut/title-73/chapter-3/73-3-14

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act , and this section.

(b)A person is aggrieved by an order of the state engineer approving or rejecting an application under Section 73-3-8 only if the person has suffered or will suffer a particularized injury from an action taken by the state engineer in accordance with Section 73-3-8 .

(c)Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.

(2)A person who files a petition of judicial review shall join the state engineer as a respondent in a petition to review the state engineer's decision, but a court may not award a judgment for costs or expenses of the litigation against the state engineer.

(3)A person who files a petition for judicial review as authorized in this section shall:

(a)name the state engineer as a respondent; and

(b)provide written notice in accordance with Subsection

(5)to each person who filed a protest in accordance with Section 73-3-7 of:

(i)the filing of the petition for judicial review; and

(ii)the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.

(4)In addition to complying with Subsection

(3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:

(a)who requested the adjudicative proceeding; or

(b)against whom the state engineer brought the adjudicative proceeding.

(5)A written notice required by this section shall:

(a)be mailed:

(i)within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and

(ii)to the address on record with the state engineer's office at the time the order is issued; and

(b)include:

(i)a copy of the petition; and

(ii)the address of the court in which the petition is pending.

(6)If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:

(a)the motion of a party;

(b)the special appearance of a person who:

(i)participated in the adjudicative proceeding; and

(ii)is not a party; or

(c)the court's own motion.

(7)A person who files a petition for judicial review is not required to:

(a)notwithstanding Subsection 63G-4-401(3)(b) , name a respondent that is not required by this section; and

(b)notwithstanding Subsection 63G-4-402(2)(a)(iv) , identify all parties to the adjudicative proceeding.

Amended by Chapter 296 , 2026 General Session