H.B. 19 Enrolled

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 General Description:
10 This bill amends a section relating to the judicial review of a state engineer's decision
11 in an informal adjudication.
12 Highlighted Provisions:
13 This bill:
14 . allows the court to consider failure to prosecute a suit to final judgment within a
15 certain time period lack of diligence, rather than requiring the court to dismiss the
16 action; 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 73-3-15, as last amended by Laws of Utah 1992, Chapter 127
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 73-3-15 is amended to read:
28 73-3-15. Dismissal of action for review of informal adjudicative proceedings.
29 (1) An action to review a decision of the state engineer from an informal adjudicative

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