73-4-4. Summons for general adjudication of water rights -- Requirements to serve summons individually and generally -- Statement of claim requirement.

461 words·~2 min read·/ut/title-73/chapter-4/73-4-4

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

Effective 5/8/2018

(a)The state engineer shall, by mail, serve a summons to a claimant of record in the state engineer's office within a general adjudication area, division, or subdivision.

(i)The state engineer may serve, by publication, a general summons to claimants in a general adjudication area, division, or subdivision, who are not of record in the state engineer's office, if the state engineer files an affidavit with the district court, verifying that the state engineer has, in accordance with Section 73-4-3 , searched the records of the state engineer's office for claimants in the general adjudication area, division, or subdivision.

(ii)The state engineer shall publish, in accordance with the Utah Rules of Civil Procedure, a general summons described in Subsection (1)(b)(i) :

(A)once a week for five successive weeks in one or more newspapers, determined by the judge of the district court as most likely to give notice to the claimants served; and

(B)for five weeks, in accordance with Section 45-1-101 .

(iii)Service of a general summons is completed upon the last required date of publication.

(c)The summons shall be substantially in the following form:

"In the District Court of .......... County, State of Utah, in the matter of the general adjudication of water rights in the described water source.

SUMMONS

The State of Utah to the said defendant:

You are hereby summoned in the above entitled action which is brought for the purpose of making a general determination of the water rights of the described water source. Upon the service of this summons upon you, you will thereafter be subject to the jurisdiction of the entitled court and, if you have or intend to claim a water right, it shall be your duty to follow further proceedings in the above entitled action and to defend and protect your water rights therein. The state engineer will give a further notice sent to your last-known address, that you must file a statement of claim in this action setting forth the nature of your claim, and said notice will specify the date upon which your statement of claim is due and thereafter you must file said claim within the time set and your failure so to do will constitute a default in the premises and a judgment may be entered against you declaring that you have no right to the use of water not claimed."

(2)If the state engineer is required, under this section, to serve a summons on the United States, the state engineer shall serve the summons in accordance with federal law.

Amended by Chapter 348 , 2018 General Session