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UTAH STATUTES AND CODES
73-4-24 - Petition for expedited hearing of objection -- Petition for limited determination.
73-4-24. Petition for expedited hearing of objection -- Petition for limiteddetermination.
(1) A claimant to the use of water may petition the court to expedite the hearing of avalid, timely objection to a report and proposed determination prepared in accordance withSection 73-4-11 in which the claimant has a direct interest.
(2) A petition under Subsection (1) shall identify any party directly affected by theobjection, if known to the claimant, and state why the hearing of the objection should beexpedited.
(3) A petitioner under Subsection (1) shall notify those affected by the petition asdirected by the court.
(4) The court may grant a petition under Subsection (1) if:
(a) the court finds that the expedited hearing is necessary in the interest of justice;
(b) granting the petition will facilitate a reasonably prompt resolution of the mattersraised in the objection; and
(c) granting the petition does not prejudice the right of another claimant.
(5) During the pendency of a general adjudication suit, a claimant or group of claimantsmay petition the court to direct the state engineer to survey and prepare a proposed determinationfor a limited area within the general adjudication area in which the claimant or group ofclaimants has a claim.
(6) The court may grant a petition under Subsection (5) if:
(a) the claimant or group of claimants will suffer prejudice if the petition is not granted;
(b) the matters raised by the claimant or group of claimants are proper for determinationin a general adjudication;
(c) granting the petition will not unduly burden the state engineer's resources; and
(d) granting the petition will not unduly interfere with the state engineer's discretion toallocate resources for the preparation of another proposed determination.
(7) If the court grants a petition under this section, the state engineer shall comply withthis chapter in satisfying the court's order.
(1) A claimant to the use of water may petition the court to expedite the hearing of avalid, timely objection to a report and proposed determination prepared in accordance withSection 73-4-11 in which the claimant has a direct interest.
(2) A petition under Subsection (1) shall identify any party directly affected by theobjection, if known to the claimant, and state why the hearing of the objection should beexpedited.
(3) A petitioner under Subsection (1) shall notify those affected by the petition asdirected by the court.
(4) The court may grant a petition under Subsection (1) if:
(a) the court finds that the expedited hearing is necessary in the interest of justice;
(b) granting the petition will facilitate a reasonably prompt resolution of the mattersraised in the objection; and
(c) granting the petition does not prejudice the right of another claimant.
(5) During the pendency of a general adjudication suit, a claimant or group of claimantsmay petition the court to direct the state engineer to survey and prepare a proposed determinationfor a limited area within the general adjudication area in which the claimant or group ofclaimants has a claim.
(6) The court may grant a petition under Subsection (5) if:
(a) the claimant or group of claimants will suffer prejudice if the petition is not granted;
(b) the matters raised by the claimant or group of claimants are proper for determinationin a general adjudication;
(c) granting the petition will not unduly burden the state engineer's resources; and
(d) granting the petition will not unduly interfere with the state engineer's discretion toallocate resources for the preparation of another proposed determination.
(7) If the court grants a petition under this section, the state engineer shall comply withthis chapter in satisfying the court's order.
Repealed and Re-enacted by Chapter 320, 2010 General Session
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