H.B. 203 Enrolled

1

JUDICIAL REVIEW OF STATE ENGINEER'S
2 DECISION
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Patrick Painter
6 Senate Sponsor: Kevin T. VanTassell
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions relating to the judicial review of a state engineer decision.
11 Highlighted Provisions:
12 This bill:
13 . requires a person seeking judicial review to:
14 . name the state engineer, and in some cases the person who is the subject of the
15 proceeding, as a respondent; and
16 . give notice to a person who protested during the adjudicative proceeding; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 73-3-14, as last amended by Laws of Utah 1987, Chapter 161
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 73-3-14 is amended to read:
28 73-3-14. Judicial review of state engineer order.
29 (1) (a) [Any] A person aggrieved by an order of the state engineer may obtain judicial

30 review [by following the procedures and requirements of] in accordance with Title 63, Chapter
31 46b, Administrative Procedures Act, and this section.
32 (b) Venue for judicial review of an informal adjudicative [proceedings shall be]
33 proceeding is in the county in which the [stream or] water source[, or some part of it,] or a
34 portion of the water source is located.
35 (2) The state engineer shall be joined as a [defendant] respondent in [all suits] a petition
36 to review [his decisions] the state engineer's decision, but no judgment for costs or expenses of
37 the litigation may be rendered against [him] the state engineer.
38 (3) A person who files a petition for judicial review as authorized in this section shall:
39 (a) name the state engineer as a respondent; and
40 (b) provide written notice in accordance with Subsection (5) to each person who filed a
41 protest in accordance with Section 73-3-7 of:
42 (i) the filing of the petition for judicial review; and
43 (ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule
44 24.
45 (4) In addition to the requirements of Subsection (3), a protestant in the adjudicative
46 proceeding who files a petition for judicial review shall also name as a respondent the person:
47 (a) who requested the adjudicative proceeding; or
48 (b) against whom the state engineer brought the adjudicative proceeding.
49 (5) The written notice required by this section shall:
50 (a) be mailed:
51 (i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and
52 (ii) to the address on record with the state engineer's office at the time the order is
53 issued; and
54 (b) include:
55 (i) a copy of the petition; and
56 (ii) the address of the court in which the petition is pending.
57 (6) If a person who files a petition for judicial review fails to provide notice as required

58 by this section, the court shall dismiss the petition without prejudice upon:
59 (a) the motion of a party;
60 (b) the special appearance of a person who:
61 (i) participated in the adjudicative proceeding; and
62 (ii) is not a party; or
63 (c) the court's own motion.
64 (7) A person who files a petition for judicial review is not required to:
65 (a) notwithstanding Subsection 63-46b-14 (3)(b), name a respondent that is not required
66 by this section; and
67 (b) notwithstanding Subsection 63-46b-15 (2)(a)(iv), identify all parties to the
68 adjudicative proceeding.