73-33-202. Challenges to a distribution management plan.

295 words·~1 min read·/ut/title-73/chapter-33/73-33-202

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

Effective 5/1/2024

(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.

(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.

Enacted by Chapter 25 , 2024 General Session