A person is aggrieved by an order of the state engineer approving or rejecting an application under Section 73-3-8 only if the person has suffered or will suffer a particularized injury from an action taken by the state engineer in accordance with Section 73-3-8.
(c)
Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.
(2)
A person who files a petition of judicial review shall join the state engineer as a respondent in a petition to review the state engineer's decision, but a court may not award a judgment for costs or expenses of the litigation against the state engineer.
(3)
A person who files a petition for judicial review as authorized in this section shall:
(a)
name the state engineer as a respondent; and
(b)
provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of:
(i)
the filing of the petition for judicial review; and
(ii)
the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.
(4)
In addition to complying with Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:
(a)
who requested the adjudicative proceeding; or
(b)
against whom the state engineer brought the adjudicative proceeding.
(5)
A written notice required by this section shall:
(a)
be mailed:
(i)
within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and
(ii)
to the address on record with the state engineer's office at the time the order is issued; and
(b)
include:
(i)
a copy of the petition; and
(ii)
the address of the court in which the petition is pending.
(6)
If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:
(a)
the motion of a party;
(b)
the special appearance of a person who:
(i)
participated in the adjudicative proceeding; and
(ii)
is not a party; or
(c)
the court's own motion.
(7)
A person who files a petition for judicial review is not required to:
(a)
notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and
(b)
notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding.
Section 73-3-14 ("Judicial review of state engineer order.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Utah § 73-3-14?
A common citation format is "Utah Code § 73-3-14" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Utah law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.
How does Utah § 73-3-14 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.
