73-4-11 - Report and recommendation by engineer to court -- Notice -- Public meeting. - Utah Statutes

73-4-11. Report and recommendation by engineer to court -- Notice -- Publicmeeting.
(1) Within 30 days after the expiration of the 90 days allowed for filing statements ofclaims, the state engineer shall begin to tabulate the facts contained in the statements filed and toinvestigate, whenever the state engineer shall consider necessary, the facts set forth in thestatements by reference to the surveys already made or by further surveys, and shall asexpeditiously as possible report to the court a recommendation of how all rights involved shall bedetermined.
(2) After full consideration of the statements of claims, and of the surveys, records, andfiles, and after a personal examination of the river system or water source involved, if theexamination is considered necessary, the state engineer shall:
(a) formulate a report and a proposed determination of all rights to the use of the water ofthe river system or water source;
(b) mail or deliver a copy of the report and proposed determination to each claimant withnotice that any claimant dissatisfied with the report and proposed determination may within 90days from the date of mailing or delivery file with the clerk of the district court a writtenobjection; and
(c) hold a public meeting in the area covered by the report and proposed determination todescribe the report and proposed determination to the claimants.
(3) The state engineer shall distribute the waters from the natural streams or other naturalsources:
(a) in accordance with the proposed determination or modification to the proposeddetermination by court order until a final decree is rendered by the court; or
(b) if the right to the use of the waters has been decreed or adjudicated, in accordancewith the decree until the decree is reversed, modified, vacated, or otherwise legally set aside.

Amended by Chapter 320, 2010 General Session