1     
WATER RIGHTS ADJUDICATION AMENDMENTS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Margaret Dayton

5     
House Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9           This bill modifies the procedure for adjudicating water rights.
10     Highlighted Provisions:
11          This bill:
12          ▸      requires the state engineer to identify all possible claimants in a particular area
13     during an adjudication, if the state engineer's records are incomplete;
14          ▸     modifies the procedure following the commencement of an action by the state
15     engineer;
16          ▸     states that the failure of a potential party to file a timely statement of claim
17     constitutes a default against that party;
18          ▸     requires the state engineer to authorize one extension to those seeking to file a
19     statement of claim;
20          ▸     requires the state engineer, after a full consideration of claims and an examination
21     of the river system or water source involved, to:
22               •     complete a hydrographic survey map;
23               •     prepare a proposed determination of all rights to the use of the water and file it
24     with the district court;
25               •     serve notice by publication and by mail; and
26               •     hold a public meeting; and
27          ▸     makes technical changes.
28     Money Appropriated in this Bill:
29          None
30     Other Special Clauses:
31          None
32     Utah Code Sections Affected:
33     AMENDS:
34          73-4-1, as last amended by Laws of Utah 2013, Chapter 258
35          73-4-3, as last amended by Laws of Utah 2013, Chapter 258
36          73-4-4, as last amended by Laws of Utah 2013, Chapter 258
37          73-4-5, as last amended by Laws of Utah 2013, Chapter 258
38          73-4-9, as last amended by Laws of Utah 2013, Chapter 258
39          73-4-10, Utah Code Annotated 1953
40          73-4-11, as last amended by Laws of Utah 2013, Chapter 258
41          73-4-12, Utah Code Annotated 1953
42          73-4-14, Utah Code Annotated 1953
43          73-4-15, Utah Code Annotated 1953
44          73-4-16, Utah Code Annotated 1953
45          73-4-21, Utah Code Annotated 1953
46          73-4-22, as last amended by Laws of Utah 2013, Chapter 258
47          73-4-24, as repealed and reenacted by Laws of Utah 2010, Chapter 320
48     ENACTS:
49          73-4-9.5, Utah Code Annotated 1953
50     REPEALS:
51          73-4-6, Utah Code Annotated 1953
52          73-4-7, Utah Code Annotated 1953
53          73-4-8, Utah Code Annotated 1953
54     

55     Be it enacted by the Legislature of the state of Utah:
56          Section 1. Section 73-4-1 is amended to read:
57          73-4-1. Action for a general adjudication of water rights -- Requirements for
58     state engineer to file -- Adjudication area divisions.
59          (1) (a) Five or more, or a majority of, water users of a water source may submit a
60     signed, verified petition to the state engineer requesting an investigation of the rights of all
61     claimants to the water of the water source.
62          (b) Upon receipt of a petition described in Subsection (1)(a), the state engineer shall:
63          (i) investigate whether the facts and circumstances of the water source and its
64     claimants justify a general determination of water rights; and
65          (ii) if justified, file an action in the district court for a general adjudication of water
66     rights.
67          (c) In any suit involving water rights the court may order an investigation [and survey]
68     by the state engineer of all the water rights on the source or system involved, as provided in
69     this chapter.
70          (2) (a) The executive director of the Department of Environmental Quality, with the
71     concurrence of the governor, may request that the state engineer file in the district court an
72     action to determine the various water rights in the stream, water source, or basin for an area
73     within the exterior boundaries of the state for which any person or organization or the federal
74     government is actively pursuing or processing a license application for a storage facility or
75     transfer facility for high-level nuclear waste or greater than class C radioactive waste.
76          (b) Upon receipt of a request made under Subsection (2)(a), the state engineer shall file
77     an action in the district court for a general adjudication of water rights.
78          (c) If a general adjudication is filed in the state district court regarding the area
79     requested pursuant to Subsection (2)(a), the state engineer and the state attorney general shall
80     join the United States as a party to the action.
81          (3) When an action for a general adjudication of water rights for a certain area is filed
82     in district court, the state engineer may divide the general adjudication area into divisions and
83     subdivisions if the state engineer:
84          (a) fulfills the requirements of this chapter individually for each division or
85     subdivision; and
86          (b) petitions the court to incorporate the decrees for all the divisions and subdivisions
87     within a general adjudication area into a final decree for the entire general adjudication area.
88          Section 2. Section 73-4-3 is amended to read:
89          73-4-3. Notice and procedure for general adjudication of water rights --
90     Statements of claim -- Incomplete records.
91          (1) Upon the filing of any action by the state engineer as provided in Section 73-4-1, or
92     by any person claiming the right to use the waters of any river system, lake, underground water
93     basin, or other natural source of supply that involves a determination of the rights to the major
94     part of the water of the source of supply or the rights of 10 or more of the claimants of the
95     source of supply, the clerk of the district court shall notify the state engineer that a suit has
96     been filed.
97          (2) (a) The state engineer then shall, for each general adjudication area, division, or
98     subdivision, give notice of commencement of action to the claimants by publishing notice:
99          (i) once a week for two consecutive weeks in a newspaper designated by the court as
100     most likely to give notice to such claimants; and
101          (ii) in accordance with Section 45-1-101 for two weeks.
102          (b) The notice of commencement of action shall state:
103          (i) an action has been filed;
104          (ii) the name of the action;
105          (iii) the name and location of the court in which the action is pending; and
106          (iv) the name or description of the water source involved.
107          (c) The state engineer shall file proof of the publication of notice of commencement of
108     action with the district court.
109          (3) The state engineer shall, for each general adjudication area, division, or
110     subdivision, search the records of the state engineer's office to [locate] identify all possible
111     claimants, and continue to update the records during the adjudication and search for additional
112     claimants.
113          (4) In accordance with Section 73-4-4, the state engineer shall serve a summons to each
114     claimant of record in the state engineer's office within a general adjudication area, division, or
115     subdivision.
116          (5) (a) After serving summons to a claimant, the state engineer shall give notice of
117     further proceedings to:
118          (i) the claimant; and
119          (ii) an attorney who enters an appearance in court for the claimant.
120          (b) A court order is not required as a prerequisite for giving notice under Subsection
121     (5)(a).
122          (c) The state engineer shall give the notice described in Subsection (5)(a):
123          (i) electronically, if the state engineer can verify the claimant's receipt;
124          (ii) by mail;
125          (iii) by personal service; or
126          (iv) if the notice is for the benefit of the claimants generally, by publishing the notice.
127          (d) Notice given by mail is complete when the notice is mailed.
128          (6) Except as provided in Subsection (8)(d)(ii), if the state engineer serves a notice
129     required by this chapter, the state engineer shall, before the day on which the final decree for
130     the general adjudication area, division, or subdivision is filed, file with the [clerk of the]
131     district court a certificate of service that contains the name and address of the claimant served
132     with the notice.
133          (7) After publishing notice of commencement of an action, the state engineer shall[: (a)
134     begin the survey of the water source and the ditches, canals, wells, tunnels, or other works
135     diverting water from the water source; and (b)] hold a public meeting in the [survey area]
136     general adjudication area, division, or subdivision to inform a water right claimant of the
137     [survey] general adjudication process.
138          (8) (a) After the [survey] public meeting described in Subsection (7) [is complete for a
139     claimant], the state engineer shall give notice to each claimant, in accordance with Subsection
140     (5), of [completion of survey to the claimant] the time for filing statements of claim.
141          (b) [Notice of completion of survey] The notice described in Subsection (8)(a) shall
142     include:
143          (i) a statement that:
144          [(A) the state engineer has investigated the claimant's water right; and (B)]
145          (A) a claimant who desires to claim a water right in the action shall, in accordance with
146     Section 73-4-5, submit a written or electronic statement of claim within 90 days after the day
147     on which the notice is issued; and
148          (B) failure to file a timely statement of claim, as described in Section 73-4-5,
149     constitutes a default and a judgment may be entered declaring that the claimant has no right to
150     the use of water not claimed; and
151          (ii) instructions describing how to obtain or access a statement of claim form that the
152     claimant must complete in order to comply with the provisions of Section 73-4-5.
153          (c) A claimant served with [a notice of completion of survey] the notice described in
154     Subsection (8)(a) who desires to claim a water right in the action shall file a written or
155     electronic statement of claim in accordance with Section 73-4-5.
156          (d) (i) The state engineer shall compile the statements of claim described in Subsection
157     (8)(c), together with any extensions of time granted by the state engineer as provided by
158     Section 73-4-10, and file them with the [clerk of the] district court contemporaneously with the
159     list of unclaimed rights of record, as described in Section 73-4-9.5.
160          (ii) If the state engineer files a claimant's statement of claim with the district court in
161     accordance with Subsection (8)(d)(i), the state engineer is not required to file a certificate of
162     service that relates to the notice [of completion of survey] described in Subsection (8)(a) for
163     that claimant.
164          [(9) When a suit has been filed by the state engineer as provided by Section 73-4-1, or
165     by any person involving the major part of the waters of any river system, lake, underground
166     water basin, or other source of supply, or the rights of 10 or more of the water claimants of the
167     source of supply, whether the suit is filed prior to or after the enactment hereof, the state
168     engineer, upon receiving notice,]
169          (9) The state engineer shall examine the records of the state engineer's office with
170     respect to the water source involved, and if [they] the records are incomplete [to make such],
171     make further investigation [and survey] as may be necessary [for the preparation of the report
172     and recommendation as required by Section 73-4-11] to identify potential claimants as required
173     by this section.
174          (10) In all such cases the court shall proceed to determine the water rights involved in
175     the manner provided by this chapter, and not otherwise.
176          Section 3. Section 73-4-4 is amended to read:
177          73-4-4. Summons for general adjudication of water rights -- Requirements to
178     serve summons individually and generally -- Statement of claim requirement.
179          (1) (a) The state engineer shall, by mail, serve a summons to a claimant of record in the
180     state engineer's office within a general adjudication area, division, or subdivision.
181          (b) (i) The state engineer may serve, by publication, a general summons to claimants in
182     a general adjudication area, division, or subdivision, who are not of record in the state
183     engineer's office, if the state engineer files an affidavit with the district court, verifying that the
184     state engineer has, in accordance with Section 73-4-3, searched the records of the state
185     engineer's office for claimants in the general adjudication area, division, or subdivision.
186          (ii) The state engineer shall publish, in accordance with the Utah Rules of Civil
187     Procedure, a general summons described in Subsection (1)(b)(i):
188          (A) once a week for five successive weeks in one or more newspapers, determined by
189     the judge of the district court as most likely to give notice to the claimants served; and
190          (B) for five weeks, in accordance with Section 45-1-101.
191          (iii) Service of a general summons is completed upon the last required date of
192     publication.
193          (c) The summons shall be substantially in the following form:
194          "In the District Court of .......... County, State of Utah, in the matter of the general
195     adjudication of water rights in the described water source.
196     
SUMMONS

197          The State of Utah to the said defendant:
198          You are hereby summoned to appear and defend the above entitled action which is
199     brought for the purpose of making a general determination of the water rights of the described
200     water source. Upon the service of this summons upon you, you will thereafter be subject to the
201     jurisdiction of the entitled court and it shall be your duty to follow further proceedings in the
202     above entitled action and to protect your rights therein. [When the state engineer has
203     completed the survey you will be given a further written notice, either in person or by mail,]
204     The state engineer will give a further notice sent to your last-known address, that you must file
205     a [water users] statement of claim in this action setting forth the nature of your claim, and said
206     notice will specify the date upon which your [water users] statement of claim is due and
207     thereafter you must file said claim within the time set and your failure so to do will constitute a
208     default in the premises and a judgment may be entered against you declaring [and adjudging]
209     that you have no right [in or to the waters of described water source] to the use of water not
210     claimed."
211          (2) If the state engineer is required, under this section, to serve a summons on the
212     United States, the state engineer shall serve the summons in accordance with federal law.
213          Section 4. Section 73-4-5 is amended to read:
214          73-4-5. Requirements for statement of claim in general adjudication of water
215     rights.
216          [Each] (1) Except as provided in Subsection (2), each person claiming a right to use
217     water of a river system or water source shall, within 90 days after the day on which notice of
218     [completion of survey] the time to file statements of claim as described in Section 73-4-3 is
219     served, file with the state engineer or the [clerk of the] district court a written or electronic
220     statement of claim, signed, and verified under oath, by the claimant, or by unsworn declaration
221     as described in Section 78B-5-705, that includes:
222          [(1)] (a) the name and address of the claimant;
223          [(2)] (b) the nature and measure of beneficial use on which the claim [of appropriation]
224     is based;
225          [(3)] (c) the maximum flow of water used in cubic feet per second, the maximum
226     volume of water used in acre-feet, or the quantity of water stored in acre-feet, [and the time
227     during which the flow or stored water has been used each year;] as applicable;
228          (d) the period of time during which the water is used each year;
229          (e) the period of time during which the water is stored each year, if applicable;
230          [(4)] (f) the name of the stream or other source from which the water is diverted, the
231     point on the stream or source where the water is diverted, and a description of the nature of the
232     diverting works;
233          [(5) the date when the first work for diverting the water began, and a description of the
234     nature of the work;]
235          (g) the water right number associated with the claimed right or, if not of record in the
236     state engineer's office, evidence sufficient to enable the state engineer to evaluate the basis of
237     the claimed right, including the information listed in Subsections 73-5-13(2)(a) and (c);
238          [(6)] (h) the claimed priority date [when the water was first used, the flow in cubic feet
239     per second, or the quantity of water stored in acre-feet, and the time the water was used during
240     the first year];
241          [(7)] (i) the place and manner of current use; and
242          [(8)] (j) other facts that clearly define the extent, limits, and nature of the
243     [appropriation claimed] claim, or that are required by the written or electronic form provided
244     by the state engineer with the notice of [completion of survey] the time to file statements of
245     claim.
246          (2) A person claiming a right to the use of water, as described in Subsection (1):
247          (a) may request an extension of time as described in Section 73-4-10; and
248          (b) shall file the statement described in Subsection (1) on or before the granted
249     extension date, if an extension is granted pursuant to Section 73-4-10.
250          Section 5. Section 73-4-9 is amended to read:
251          73-4-9. Failure to file a statement of claim.
252          (1) The filing of each statement [by a claimant] of claim shall be considered notice to
253     all persons of the claim of the party making the same, and [any person] failing to make and
254     deliver such statement of claim to the state engineer or the [clerk of the] district court within
255     the time prescribed by [law shall be forever barred and estopped from subsequently asserting
256     any rights, and shall be held to have forfeited all rights to the use of the water theretofore
257     claimed by him; provided, that any claimant, upon whom no other service of said notice shall
258     have been made than by publication in a newspaper and as required in Section 45-1-101, may
259     apply to the court for permission to file a statement of claim after the time therefor has expired,
260     and the court may extend the time for filing such statement, not exceeding six months from the
261     publication of said notice; but, before said time is extended, the applicant shall give notice by
262     publication in a newspaper having general circulation and as required in Section 45-1-101 on
263     such river system or near the water source to all other persons interested in the water of such
264     river system or water source, and shall make it appear to the satisfaction of the court that during
265     the pendency of the proceedings he had no actual notice thereof in time to appear and file a
266     statement and make proof of his claim; and all parties interested may be heard as to the matter
267     of his actual notice of the pendency of such proceedings.] Section 73-4-5, or as extended
268     pursuant to Section 73-4-10, shall be considered evidence of an intent to abandon the right.
269          (2) If a claimant fails to timely file a statement of claim, as provided in this chapter, for
270     a right not of record in the state engineer's office, the claimant is forever barred and estopped
271     from subsequently asserting the unclaimed right.
272          Section 6. Section 73-4-9.5 is enacted to read:
273          73-4-9.5. List of unclaimed rights of record.
274          (1) After the last day on which a claimant may file a statement of claim in accordance
275     with Section 73-4-5, the state engineer shall:
276          (a) file with the court a list of unclaimed rights of record listing each water right of
277     record in the state engineer's office for which a statement of claim was not timely filed, that
278     includes:
279          (i) the water right number;
280          (ii) the point of diversion; and
281          (iii) the owner of the water right as recognized in the state engineer's records;
282          (b) serve notice of the list of unclaimed rights of record on all identified potential
283     claimants that were served with a summons, in the same manner as provided in Subsection
284     73-4-11(1)(c); and
285          (c) hold a public meeting in the area covered by the division or subdivision to explain
286     the list of unclaimed rights of record.
287          (2) A claimant who desires to object to the state engineer's list of unclaimed rights of
288     record shall, within 90 days of the day on which the state engineer served the potential claimant
289     notice of the list of unclaimed rights of record, file:
290          (a) a written objection to the list of unclaimed rights of record with the district court;
291     and
292          (b) a statement of claim, as provided in this chapter, with the district court and the state
293     engineer.
294          (3) The state engineer shall evaluate and make a recommendation in the proposed
295     determination for a water right placed on the list of unclaimed rights of record if:
296          (a) the claimant files a timely objection to the list of unclaimed rights in accordance
297     with Subsection (2); and
298          (b) the court determines that a claimant's failure to file a timely statement of claim is
299     excused by:
300          (i) circumstances beyond the claimant's control;
301          (ii) mistake; or
302          (iii) any other reason justifying relief.
303          (4) If a claimant fails to file a timely statement of claim, as provided in this chapter, for
304     a right of record in the state engineer's office and the failure to file a timely claim is not
305     excused by the court as provided in Subsection (3), the claimant is forever barred and estopped
306     from asserting the right to the use of water included in the list and the right shall be considered
307     abandoned.
308          (5) After resolving all objections to the list of unclaimed rights of record, the court
309     shall render a judgment for the list of unclaimed rights of record that:
310          (a) identifies any water rights on the list of unclaimed rights that are not abandoned
311     because the court excuses the failure to file a statement of claim as provided in Subsection (3);
312          (b) adjudges the unclaimed rights abandoned; and
313          (c) may prohibit future claims from being filed for rights not of record in the state
314     engineer's office, under this chapter and Section 73-5-13, in the general adjudication area,
315     division, or subdivision.
316          Section 7. Section 73-4-10 is amended to read:
317          73-4-10. Amendment of pleadings -- Extensions of time.
318          (1) The court shall have power to allow amendments to any petition, statement of
319     claim, or pleading[; to extend as provided in this title the time for filing any statement of
320     claim;] and to extend, upon due cause shown, the time for filing any other pleading, statement
321     of claim, report, or [protest] objection.
322          (2) If the claimant files a written request for an extension of time to file a statement of
323     claim within the 90-day period to file a statement of claim, the state engineer shall grant one
324     30-day extension, in writing.
325          Section 8. Section 73-4-11 is amended to read:
326          73-4-11. Proposed determination by engineer to court -- Hydrographic survey
327     map -- Notice -- Public meeting.
328          [(1) Within 30 days after the last day on which a claimant may file a statement of claim
329     in accordance with Section 73-4-5, the state engineer shall begin to tabulate the facts contained
330     in the statements filed and to investigate, whenever the state engineer shall consider necessary,
331     the facts set forth in the statements by reference to the surveys already made or by further
332     surveys, and shall as expeditiously as possible report to the court a recommendation of how all
333     rights involved shall be determined.]
334          [(2)] (1) After full consideration of the statements of claims, [and of the surveys,]
335     records, and files, and after [a personal] an examination of the river system or water source
336     involved, [if the examination is considered necessary,] the state engineer shall for the general
337     adjudication area, division, or subdivision:
338          (a) [formulate a report and] complete a hydrographic survey map;
339          (b) prepare a proposed determination of all rights to the use of the water [of the river
340     system or water source] and file it with the district court;
341          [(b)] (c) serve notice of completion of the [report and] proposed determination by
342     publication and by mail, in accordance with Subsection 73-4-3(5), to each claimant of record in
343     the state engineer's office within the general adjudication area, division, or subdivision, that
344     includes:
345          (i) (A) a copy of the [report and] proposed determination; or
346          (B) instructions on how to obtain or access an electronic copy of the [report and]
347     proposed determination; and
348          (ii) a statement describing the claimant's right to file an objection to the [report and]
349     proposed determination within 90 days after the day on which the notice of completion of the
350     [report and] proposed determination is served; and
351          [(c)] (d) hold a public meeting in the area, division, or subdivision covered by the
352     [report and] proposed determination to [describe the report and] explain the proposed
353     determination to the claimants.
354          [(3)] (2) A claimant who desires to object to the state engineer's [report and] proposed
355     determination shall, within 90 days after the day on which the state engineer served the
356     claimant with notice of completion of the [report and] proposed determination, file a written
357     objection to the [report and] proposed determination with the [clerk of the] district court.
358          [(4)] (3) The state engineer shall distribute the waters from the natural streams or other
359     natural sources:
360          (a) in accordance with the proposed determination or modification to the proposed
361     determination by court order until a final decree is rendered by the court; or
362          (b) if the right to the use of the waters has been decreed or adjudicated, in accordance
363     with the decree until the decree is reversed, modified, vacated, or otherwise legally set aside.
364          Section 9. Section 73-4-12 is amended to read:
365          73-4-12. Judgment -- In absence of contest.
366          If no contest on the part of any claimant shall have been filed, the court shall render a
367     judgment in accordance with such proposed determination, which shall:
368          (1) determine and establish the rights [of the several claimants] to the use of the water
369     of said river system or water source; and [among other things it shall]
370          (2) set forth:
371          (a) the name [and post-office address] of the person entitled to the use of the water;
372          (b) the quantity of water in acre-feet or the flow of water in second-feet;
373          (c) the time during which the water is to be used each year;
374          (d) the name of the stream or other source from which the water is diverted;
375          (e) the point on the stream or other source where the water is diverted;
376          (f) the priority date of the right; and [such]
377          (g) any other matters as will fully and completely define the rights of said claimants to
378     the use of the water.
379          Section 10. Section 73-4-14 is amended to read:
380          73-4-14. Pleadings -- Expert assistance for court.
381          (1) The statements [filed by the claimants] of claim shall stand in the place of
382     pleadings, and issues may be made thereon.
383          (2) Whenever requested so to do the state engineer shall furnish the court with any
384     information which [he] the state engineer may possess, or copies of any of the records of [his]
385     the state engineer's office which relate to the water of said river system or water source.
386          (3) The court may appoint referees, masters, engineers, soil specialists, or other persons
387     [as necessity or emergency may require to assist in taking testimony or investigating facts, and
388     in].
389          (4) In all proceedings for the determination of the rights of claimants to the water of a
390     river system or water source, the filed statements of [claimants] claim shall be competent
391     evidence of the facts stated therein unless the same are put in issue.
392          Section 11. Section 73-4-15 is amended to read:
393          73-4-15. Judgment after hearing.
394          Upon the completion of the hearing, after objections filed, the court shall enter
395     judgment [which] that shall determine and establish the rights [of the several claimants] to the
396     use of the water of the river system or water source as provided in Section 73-4-12.
397          Section 12. Section 73-4-16 is amended to read:
398          73-4-16. Appeals.
399          [From all final judgments of the district court there shall be a right of appeal to the
400     Supreme Court as in other cases.]
401          (1) There shall be a right of appeal from a final judgment of the district court to the
402     Supreme Court as provided in Section 78A-3-102.
403          (2) The appeal shall be upon the record made in the district court, and may as in equity
404     cases be on questions of both law and fact. [All proceedings on appeal shall be conducted
405     according to the provisions of the Code of Civil Procedure.]
406          Section 13. Section 73-4-21 is amended to read:
407          73-4-21. Duty to update address and ownership -- Duty to follow court
408     proceedings -- Additional notice.
409          (1) After the service of summons in the manner prescribed by Section 73-4-4 [hereof],
410     it shall be the duty of every person served individually or by publication to [thereafter]:
411          (a) record any change in address or water right ownership with the state engineer; and
412          (b) follow all court proceedings [and no].
413          (2) Except as provided in Subsection (3), the state engineer is not required to provide
414     any further or additional notice [shall be required] except the notice:
415          (a) that the [survey has been completed and the water users] statement of claim is due
416     as prescribed by Section 73-4-3[, and notice of the];
417          (b) of the list of unclaimed rights of record, as described in Section 73-4-9.5; and
418          (c) of the proposed determinations as provided by Section 73-4-11.
419          (3) The district court may[, however,] require notice of other proceedings to be given
420     when, in the judgment of the court, it [deems] considers notice necessary.
421          Section 14. Section 73-4-22 is amended to read:
422          73-4-22. State engineer's duty to search records for and serve summons on
423     claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown
424     claimants.
425          (1) The state engineer, throughout the pendency of proceedings, shall serve summons
426     in the manner prescribed by Section 73-4-4 upon all claimants to the use of water in the
427     described source embraced by said action, whenever the names and addresses of said persons
428     come to the attention of the state engineer.
429          (2) Immediately after the notice of the proposed determination is given, in accordance
430     with Section 73-4-11 hereof, the state engineer shall diligently search for the names and
431     addresses of any claimants to water in the source covered by the proposed determination who
432     have not been previously served with summons other than by publication, and any such persons
433     located shall forthwith be served with summons[, and after].
434          (3) After the state engineer has exhausted [his] the search for other claimants [he shall],
435     as described in Subsection (2), the state engineer shall:
436          (a) make such fact known to the district court by affidavit; and [the clerk of the district
437     court shall]
438          (b) as ordered by the court, again publish summons five times, once each week, for five
439     successive weeks which said service shall be binding upon all unknown claimants.
440          Section 15. Section 73-4-24 is amended to read:
441          73-4-24. Petition for expedited hearing of objection -- Petition for limited
442     determination.
443          (1) A claimant to the use of water may petition the court to expedite the hearing of a
444     valid, timely objection to a report and proposed determination prepared in accordance with
445     Section 73-4-11 in which the claimant has a direct interest.
446          (2) A petition under Subsection (1) shall identify any party directly affected by the
447     objection, if known to the claimant, and state why the hearing of the objection should be
448     expedited.
449          (3) A petitioner under Subsection (1) shall notify those affected by the petition as
450     directed by the court.
451          (4) The court may grant a petition under Subsection (1) if:
452          (a) the court finds that the expedited hearing is necessary in the interest of justice;
453          (b) granting the petition will facilitate a reasonably prompt resolution of the matters
454     raised in the objection; and
455          (c) granting the petition does not prejudice the right of another claimant.
456          (5) During the pendency of a general adjudication suit, a claimant or group of
457     claimants may petition the court to direct the state engineer to [survey and] prepare a proposed
458     determination and hydrographic survey map for a limited area within the general adjudication
459     area in which the claimant or group of claimants has a claim.
460          (6) The court may grant a petition under Subsection (5) if:
461          (a) the claimant or group of claimants will suffer prejudice if the petition is not
462     granted;
463          (b) the matters raised by the claimant or group of claimants are proper for
464     determination in a general adjudication;
465          (c) granting the petition will not unduly burden the state engineer's resources; and
466          (d) granting the petition will not unduly interfere with the state engineer's discretion to
467     allocate resources for the preparation of another proposed determination.
468          (7) If the court grants a petition under this section, the state engineer shall comply with
469     this chapter in satisfying the court's order.
470          Section 16. Repealer.
471          This bill repeals:
472          Section 73-4-6, In case of use for irrigation.
473          Section 73-4-7, In case of use for power purposes.
474          Section 73-4-8, In case of use for mining or milling.