73-4-1 - By engineer on petition of users -- Upon request of Department of Environmental Quality. - Utah Statutes

73-4-1. By engineer on petition of users -- Upon request of Department ofEnvironmental Quality.
(1) Upon a verified petition to the state engineer, signed by five or more or a majority ofwater users upon any stream or water source, requesting the investigation of the relative rights ofthe various claimants to the waters of such stream or water source, it shall be the duty of the stateengineer, if upon such investigation he finds the facts and conditions are such as to justify adetermination of said rights, to file in the district court an action to determine the various rights. Inany suit involving water rights the court may order an investigation and survey by the stateengineer of all the water rights on the source or system involved.
(2) (a) As used in this section, "executive director" means the executive director of theDepartment of Environmental Quality.
(b) The executive director, with the concurrence of the governor, may request that thestate engineer file in the district court an action to determine the various water rights in thestream, water source, or basin for an area within the exterior boundaries of the state for which anyperson or organization or the federal government is actively pursuing or processing a licenseapplication for a storage facility or transfer facility for high-level nuclear waste or greater thanclass C radioactive waste.
(c) Upon receipt of a request made under Subsection (2)(b), the state engineer shall filethe action in the district court.
(d) If a general adjudication has been filed in the state district court regarding the arearequested pursuant to Subsection (2)(b), the state engineer and the state attorney general shall jointhe United States as a party to the action.

Amended by Chapter 107, 2001 General Session