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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) An action to review a decision of the state engineer from an informal adjudicative proceeding may be dismissed upon the application of any of the parties upon the grounds provided in Utah Rules of Civil Procedure, Rule 41 for:
(a) the dismissal of actions generally; and
(b) failure to prosecute the action with diligence.
(2) For the purpose of this section, failure to prosecute a suit to trial within two years after it is filed gives rise to a rebuttable presumption of a lack of diligence.
(3) In evaluating the rebuttable presumption, the court shall consider the totality of the circumstances.
Cite this article: FindLaw.com - Utah Code Title 73. Water and Irrigation § 73-3-15. Dismissal of action for review of informal adjudicative proceedings - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-73-water-and-irrigation/ut-code-sect-73-3-15/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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