73-22-5 - Jurisdiction of division -- Hearings -- Subpoena power -- Restraining violations -- Actions for damages against violators unaffected. - Utah Statutes

73-22-5. Jurisdiction of division -- Hearings -- Subpoena power -- Restrainingviolations -- Actions for damages against violators unaffected.
(1) The division has jurisdiction and authority over all persons and property, public andprivate, necessary to enforce the provisions of this chapter and may enact, issue, and enforcenecessary rules and orders to carry out the requirements of this chapter.
(2) (a) Any affected person may apply for a hearing before the division, or the divisionmay initiate proceedings upon any question relating to the administration of this chapter byfollowing the procedures and requirements of Title 63G, Chapter 4, Administrative ProceduresAct.
(b) The Division of Water Rights shall comply with the procedures and requirements ofTitle 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
(3) The division shall have the power to summon witnesses, to administer oaths, and torequire the production of records, books, and documents for examination at any hearing orinvestigation conducted by it.
(4) (a) If any person fails or refuses to comply with a subpoena issued by the division, orif any witness fails or refuses to testify about any matter regarding which the witness may beinterrogated, the division may petition any district court in the state to issue an order compellingthe person to:
(i) comply with the subpoena and attend before the division;
(ii) produce any records, books, and documents covered by the subpoena; or
(iii) to give testimony.
(b) The court may punish failure to comply with the order as contempt.
(5) (a) Whenever it appears that any person is violating or threatening to violate anyprovision of this chapter, or any rule or order made under this chapter, the division may file suitin the name of the state to restrain that person from continuing the violation or from carrying outthe threat of violation.
(b) Venue for the action is in the district court in the county where any defendant residesor in the county where the violation is alleged to have occurred.
(6) (a) Nothing in this chapter, no suit by or against the division, and no violationcharged or asserted against any person under this chapter, or any rule or order issued under it,shall impair, abridge, or delay any cause of action for damages that any person may have or assertagainst any person violating this chapter, or any rule or order issued under it.
(b) Any person so damaged by the violation may sue for and recover whatever damagesthat the person is otherwise entitled to receive.

Amended by Chapter 382, 2008 General Session