First Substitute H.B. 203

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 5, 2008 at 5:55 PM by rday. -->

Representative Patrick Painter proposes the following substitute bill:

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 . grants jurisdiction to the Supreme Court to review a state engineer's order resulting
14 from a formal adjudicative proceeding;
15 . requires a person seeking judicial review to:
16 . name the state engineer, and in some cases the person who is the subject of the
17 proceeding, as a respondent; and
18 . give notice to a person who protested during the adjudicative proceeding; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:

26 73-3-14, as last amended by Laws of Utah 1987, Chapter 161
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 73-3-14 is amended to read:
30 73-3-14. Judicial review of state engineer order.
31 (1) (a) [Any] A person aggrieved by an order of the state engineer may obtain judicial
32 review [by following the procedures and requirements of] in accordance with Title 63, Chapter
33 46b, Administrative Procedures Act, and this section.
34 (b) Venue for judicial review of an informal adjudicative [proceedings shall be]
35 proceeding is in the county in which the [stream or] water source[, or some part of it,] or a
36 portion of the water source is located.
37 S. [ (c) The Supreme Court has jurisdiction to review a state engineer's order resulting from
38 a formal adjudicative proceeding. ] .S
39 (2) The state engineer shall be joined as a [defendant] respondent in [all suits] a
40 petition to review [his decisions] the state engineer's decision, but no judgment for costs or
41 expenses of the litigation may be rendered against [him] the state engineer.
42 (3) A person who files a petition for judicial review as authorized in this section shall:
43 (a) name the state engineer as a respondent; and
44 (b) provide written notice in accordance with Subsection (5) to each person who filed a
45 protest in accordance with Section 73-3-7 of:
46 (i) the filing of the petition for judicial review; and
47 (ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure,
48 Rule 24.
49 (4) In addition to the requirements of Subsection (3), a protestant in the adjudicative
50 proceeding who files a petition for judicial review shall also name as a respondent the person:
51 (a) who requested the adjudicative proceeding; or
52 (b) against whom the state engineer brought the adjudicative proceeding.
53 (5) The written notice required by this section shall:
54 (a) be mailed:
55 (i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and
56 (ii) to the address on record with the state engineer's office at the time the order is

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