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Utah Code Title 73. Water and Irrigation § 73-33-202. Challenges to a distribution management plan

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) A person aggrieved by a distribution management plan may challenge any aspect of the distribution management plan by filing a complaint within 60 days after the distribution management plan takes effect in a court with jurisdiction:

(a) under Title 78A, Judiciary and Judicial Administration; and

(b) notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, over a geographic area bordering the Great Salt Lake.

(2) In an action filed under this section, a court shall review de novo the distribution management plan.

(3) A person challenging a distribution management plan under this section shall join the state engineer as a defendant in that action.

(4)(a) No later than 30 days after the day on which a person files an action challenging any aspect of a distribution management plan, the person filing the action shall publish notice of the action:

(i) once a week for two consecutive weeks in a newspaper of general circulation in the county in which the court is located; and

(ii) for two weeks in accordance with Section 45-1-101.

(b) The notice required by Subsection (4)(a) shall:

(i) identify the distribution management plan that the person is challenging;

(ii) identify the case number assigned by the court;

(iii) state that a person affected by the distribution management plan may petition the court to intervene in the action challenging the distribution management plan; and

(iv) list the address of the clerk of the court in which the action is filed.

(c) A person affected by a distribution management plan that is being challenged under this section may petition to intervene in the action in accordance with Utah Rules of Civil Procedure, Rule 24.

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Cite this article: FindLaw.com - Utah Code Title 73. Water and Irrigation § 73-33-202. Challenges to a distribution management plan - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-73-water-and-irrigation/ut-code-sect-73-33-202/

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