H.B. 19

1

WATER RIGHTS - INFORMAL
2 ADJUDICATIONS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Kay L. McIff
6 Senate Sponsor: Ralph Okerlund
7
8 LONG TITLE
9 Committee Note:
10 The Natural Resources, Agriculture, and Environment Interim Committee
11 recommended this bill.
12 General Description:
13 This bill amends a section relating to the judicial review of a state engineer's decision in
14 an informal adjudication.
15 Highlighted Provisions:
16 This bill:
17 . allows the court to consider failure to prosecute a suit to final judgment within a
18 certain time period lack of diligence, rather than requiring the court to dismiss the
19 action; and
20 . makes technical changes.
21 Monies Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 73-3-15, as last amended by Laws of Utah 1992, Chapter 127

28
29 Be it enacted by the Legislature of the state of Utah:
30 Section 1. Section 73-3-15 is amended to read:
31 73-3-15. Dismissal of action for review of informal adjudicative proceedings.
32 (1) An action to review a decision of the state engineer from an informal adjudicative
33 proceeding may be dismissed upon the application of any of the parties upon the grounds
34 provided in [Rule 41 of the] Utah Rules of Civil Procedure, Rule 41 for:
35 (a) the dismissal of actions generally; and [for]
36 (b) failure to prosecute [such] the action with diligence.
37 (2) [(a)] For the purpose of this section, failure to prosecute a suit to [final judgment]
38 trial within two years after it is filed[, or, if an appeal is taken from a district court judgment
39 within three years after the filing of the suit, constitutes] gives rise to a rebuttable presumption
40 of a lack of diligence.
41 [(b) A court shall dismiss those suits after ten days' notice by regular mail to the
42 plaintiff.]
43 (3) In evaluating the rebuttable presumption, the court shall consider the totality of the
44 circumstances.




Legislative Review Note
as of 9-18-08 5:09 PM

Office of Legislative Research and General Counsel