Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 75 (2016GS)

Sponsor

Sen. Dayton, M.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires the state engineer to identify all possible claimants in a particular area during an adjudication, if the state engineer's records are incomplete;
• modifies the procedure following the commencement of an action by the state engineer;
• states that the failure of a potential party to file a timely statement of claim constitutes a default against that party;
• requires the state engineer to authorize one extension to those seeking to file a statement of claim;
• requires the state engineer, after a full consideration of claims and an examination of the river system or water source involved, to:
• complete a hydrographic survey map;
• prepare a proposed determination of all rights to the use of the water and file it with the district court;
• serve notice by publication and by mail; and
• hold a public meeting; and
• makes technical changes.

Every vote on this bill

Bill text

WATER RIGHTS ADJUDICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Margaret Dayton
House Sponsor: 
Scott D. Sandall
LONG TITLE
General Description:
This bill modifies the procedure for adjudicating water rights. 
Highlighted Provisions:
This bill:
▸ requires the state engineer to identify all possible claimants in a particular area
during an adjudication, if the state engineer's records are incomplete;
▸ modifies the procedure following the commencement of an action by the state
engineer;
▸ states that the failure of a potential party to file a timely statement of claim
constitutes a default against that party;
▸ requires the state engineer to authorize one extension to those seeking to file a
statement of claim;
▸ requires the state engineer, after a full consideration of claims and an examination
of the river system or water source involved, to:
• complete a hydrographic survey map;
• prepare a proposed determination of all rights to the use of the water and file it
with the district court;
• serve notice by publication and by mail; and
• hold a public meeting; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-4-1
, as last amended by Laws of Utah 2013, Chapter 258
73-4-3
, as last amended by Laws of Utah 2013, Chapter 258
73-4-4
, as last amended by Laws of Utah 2013, Chapter 258
73-4-5
, as last amended by Laws of Utah 2013, Chapter 258
73-4-9
, as last amended by Laws of Utah 2013, Chapter 258
73-4-10
, Utah Code Annotated 1953
73-4-11
, as last amended by Laws of Utah 2013, Chapter 258
73-4-12
, Utah Code Annotated 1953
73-4-14
, Utah Code Annotated 1953
73-4-15
, Utah Code Annotated 1953
73-4-16
, Utah Code Annotated 1953
73-4-21
, Utah Code Annotated 1953
73-4-22
, as last amended by Laws of Utah 2013, Chapter 258
73-4-24
, as repealed and reenacted by Laws of Utah 2010, Chapter 320
ENACTS:
73-4-9.5
, Utah Code Annotated 1953
REPEALS:
73-4-6
, Utah Code Annotated 1953
73-4-7
, Utah Code Annotated 1953
73-4-8
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-4-1
 is amended to read:
73-4-1.
Action for a general adjudication of water rights -- Requirements for
state engineer to file -- Adjudication area divisions.
(1) (a) Five or more, or a majority of, water users of a water source may submit a
signed, verified petition to the state engineer requesting an investigation of the rights of all
claimants to the water of the water source.
(b) Upon receipt of a petition described in Subsection (1)(a), the state engineer shall:
(i) investigate whether the facts and circumstances of the water source and its
claimants justify a general determination of water rights; and
(ii) if justified, file an action in the district court for a general adjudication of water
rights.
(c) In any suit involving water rights the court may order an investigation [
and survey
]
by the state engineer of all the water rights on the source or system involved
, as provided in
this chapter
.
(2) (a) The executive director of the Department of Environmental Quality, with the
concurrence of the governor, may request that the state engineer file in the district court an
action to determine the various water rights in the stream, water source, or basin for an area
within the exterior boundaries of the state for which any person or organization or the federal
government is actively pursuing or processing a license application for a storage facility or
transfer facility for high-level nuclear waste or greater than class C radioactive waste.
(b) Upon receipt of a request made under Subsection (2)(a), the state engineer shall file
an action in the district court for a general adjudication of water rights.
(c) If a general adjudication is filed in the state district court regarding the area
requested pursuant to Subsection (2)(a), the state engineer and the state attorney general shall
join the United States as a party to the action.
(3) When an action for a general adjudication of water rights for a certain area is filed
in district court, the state engineer may divide the general adjudication area into divisions and
subdivisions if the state engineer:
(a) fulfills the requirements of this chapter individually for each division or
subdivision; and
(b) petitions the court to incorporate the decrees for all the divisions and subdivisions
within a general adjudication area into a final decree for the entire general adjudication area.
Section 2. Section 
73-4-3
 is amended to read:
73-4-3.
Notice and procedure for general adjudication of water rights --
Statements of claim -- Incomplete records.
(1) Upon the filing of any action by the state engineer as provided in Section 
73-4-1
, or
by any person claiming the right to use the waters of any river system, lake, underground water
basin, or other natural source of supply that involves a determination of the rights to the major
part of the water of the source of supply or the rights of 10 or more of the claimants of the
source of supply, the clerk of the district court shall notify the state engineer that a suit has
been filed.
(2) (a) The state engineer then shall, for each general adjudication area, division, or
subdivision, give notice of commencement of action to the claimants by publishing notice:
(i) once a week for two consecutive weeks in a newspaper designated by the court as
most likely to give notice to such claimants; and
(ii) in accordance with Section 
45-1-101
 for two weeks.
(b) The notice of commencement of action shall state:
(i) an action has been filed;
(ii) the name of the action;
(iii) the name and location of the court in which the action is pending; and
(iv) the name or description of the water source involved.
(c) The state engineer shall file proof of the publication of notice of commencement of
action with the district court.
(3) The state engineer shall, for each general adjudication area, division, or
subdivision, search the records of the state engineer's office to [
locate
] 
identify
 all possible
claimants, and continue to update the records during the adjudication and search for additional
claimants.
(4) In accordance with Section 
73-4-4
, the state engineer shall serve a summons to each
claimant of record in the state engineer's office within a general adjudication area, division, or
subdivision.
(5) (a) After serving summons to a claimant, the state engineer shall give notice of
further proceedings to:
(i) the claimant; and
(ii) an attorney who enters an appearance in court for the claimant.
(b) A court order is not required as a prerequisite for giving notice under Subsection
(5)(a).
(c) The state engineer shall give the notice described in Subsection (5)(a):
(i) electronically, if the state engineer can verify the claimant's receipt;
(ii) by mail;
(iii) by personal service; or
(iv) if the notice is for the benefit of the claimants generally, by publishing the notice.
(d) Notice given by mail is complete when the notice is mailed.
(6) Except as provided in Subsection (8)(d)(ii), if the state engineer serves a notice
required by this chapter, the state engineer shall, before the day on which the final decree for
the general adjudication area, division, or subdivision is filed, file with the [
clerk of the
]
district court a certificate of service that contains the name and address of the claimant served
with the notice.
(7) After publishing notice of commencement of an action, the state engineer shall[
: (a)
begin the survey of the water source and the ditches, canals, wells, tunnels, or other works
diverting water from the water source; and (b)
] hold a public meeting in the [
survey area
]
general adjudication area, division, or subdivision
 to inform a water right claimant of the
[
survey
] 
general adjudication process
.
(8) (a) After the [
survey
] 
public meeting
 described in Subsection (7) [
is complete for a
claimant
], the state engineer shall give notice 
to each claimant
, in accordance with Subsection
(5), of [
completion of survey to the claimant
] 
the time for filing statements of claim
.
(b) [
Notice of completion of survey
] 
The notice described in Subsection (8)(a)
 shall
include:
(i) a statement that:
[
(A) the state engineer has investigated the claimant's water right; and (B)
]
(A)
 a claimant who desires to claim a water right in the action shall, in accordance with
Section 
73-4-5
, submit a written 
or electronic
 statement of claim within 90 days after the day
on which the notice is issued; and
(B) failure to file a timely statement of claim, as described in Section 
73-4-5
,
constitutes a default and a judgment may be entered declaring that the claimant has no right to
the use of water not claimed; and
(ii) 
instructions describing how to obtain or access
 a statement of claim form that the
claimant must complete in order to comply with the provisions of Section 
73-4-5
.
(c) A claimant served with [
a notice of completion of survey
] 
the notice described in
Subsection (8)(a)
 who desires to claim a water right in the action shall file a written 
or
electronic
 statement of claim in accordance with Section 
73-4-5
.
(d) (i) The state engineer shall compile the statements of claim described in Subsection
(8)(c)
, together with any extensions of time granted by the state engineer as provided by
Section 
73-4-10
,
 and file them with the [
clerk of the
] district court 
contemporaneously with the
list of unclaimed rights of record, as described in Section 
73-4-9.5
.
(ii) If the state engineer files a claimant's statement of claim with the district court in
accordance with Subsection (8)(d)(i), the state engineer is not required to file a certificate of
service that relates to the notice [
of completion of survey
] 
described in Subsection (8)(a)
 for
that claimant.
[
(9) When a suit has been filed by the state engineer as provided by Section 
73-4-1
, or
by any person involving the major part of the waters of any river system, lake, underground
water basin, or other source of supply, or the rights of 10 or more of the water claimants of the
source of supply, whether the suit is filed prior to or after the enactment hereof, the state
engineer, upon receiving notice,
]
(9) The state engineer
 shall examine the records of the state engineer's office with
respect to the water source involved, and if [
they
] 
the records
 are incomplete [
to make such
]
,
make
 further investigation [
and survey
] as may be necessary [
for the preparation of the report
and recommendation as required by Section 
73-4-11
] 
to identify potential claimants as required
by this section
.
(10) In all such cases the court shall proceed to determine the water rights involved in
the manner provided by this chapter, and not otherwise.
Section 3. Section 
73-4-4
 is amended to read:
73-4-4.
Summons for general adjudication of water rights -- Requirements to
serve summons individually and generally -- Statement of claim requirement.
(1) (a) The state engineer shall, by mail, serve a summons to a claimant of record in the
state engineer's office within a general adjudication area, division, or subdivision.
(b) (i) The state engineer may serve, by publication, a general summons to claimants in
a general adjudication area, division, or subdivision, who are not of record in the state
engineer's office, if the state engineer files an affidavit with the district court, verifying that the
state engineer has, in accordance with Section 
73-4-3
, searched the records of the state
engineer's office for claimants in the general adjudication area, division, or subdivision.
(ii) The state engineer shall publish, in accordance with the Utah Rules of Civil
Procedure, a general summons described in Subsection (1)(b)(i):
(A) once a week for five successive weeks in one or more newspapers, determined by
the judge of the district court as most likely to give notice to the claimants served; and
(B) for five weeks, in accordance with Section 
45-1-101
.
(iii) Service of a general summons is completed upon the last required date of
publication.
(c) The summons shall be substantially in the following form:
"In the District Court of .......... County, State of Utah, in the matter of the general
adjudication of water rights in the described water source.
SUMMONS
The State of Utah to the said defendant:
You are hereby summoned to appear and defend the above entitled action which is
brought for the purpose of making a general determination of the water rights of the described
water source. Upon the service of this summons upon you, you will thereafter be subject to the
jurisdiction of the entitled court and it shall be your duty to follow further proceedings in the
above entitled action and to protect your rights therein. [
When the state engineer has
completed the survey you will be given a further written notice, either in person or by mail,
]
The state engineer will give a further notice
 sent to your last-known address, that you must file
a [
water users
] 
statement of
 claim in this action setting forth the nature of your claim, and said
notice will specify the date upon which your [
water users
] 
statement of
 claim is due and
thereafter you must file said claim within the time set and your failure so to do will constitute a
default in the premises and a judgment may be entered against you declaring [
and adjudging
]
that you have no right [
in or to the waters of described water source
] 
to the use of water not
claimed
."
(2) If the state engineer is required, under this section, to serve a summons on the
United States, the state engineer shall serve the summons in accordance with federal law.
Section 4. Section 
73-4-5
 is amended to read:
73-4-5.
Requirements for statement of claim in general adjudication of water
rights.
[
Each
] 
(1) Except as provided in Subsection (2), each
 person claiming a right to use
water of a river system or water source shall, within 90 days after the day on which notice of
[
completion of survey
] 
the time to file statements of claim as
 described in Section 
73-4-3
 is
served, file with the state engineer or the [
clerk of the
] district court a written 
or electronic
statement of claim, signed, and verified under oath, by the claimant, 
or by unsworn declaration
as described in Section 
78B-5-705
,
 that includes:
[
(1)
] 
(a)
 the name and address of the claimant;
[
(2)
] 
(b)
 the nature 
and measure
 of 
beneficial
 use on which the claim [
of appropriation
]
is based;
[
(3)
] 
(c)
 the 
maximum
 flow of water used in cubic feet per second, 
the maximum
volume of water used in acre-feet,
 or the quantity of water stored in acre-feet, [
and the time
during which the flow or stored water has been used each year;
] 
as applicable;
(d) the period of time during which the water is used each year;
(e) the period of time during which the water is stored each year, if applicable;
[
(4)
] 
(f)
 the name of the stream or other source from which the water is diverted, the
point on the stream or source where the water is diverted, and a description of the nature of the
diverting works;
[
(5) the date when the first work for diverting the water began, and a description of the
nature of the work;
]
(g) the water right number associated with the claimed right or, if not of record in the
state engineer's office, evidence sufficient to enable the state engineer to evaluate the basis of
the claimed right, including the information listed in Subsections 
73-5-13
(2)(a) and (c);
[
(6)
] 
(h)
 the 
claimed priority
 date [
when the water was first used, the flow in cubic feet
per second, or the quantity of water stored in acre-feet, and the time the water was used during
the first year
];
[
(7)
] 
(i)
 the place and manner of current use; and
[
(8)
] 
(j)
 other facts that clearly define the extent
, limits,
 and nature of the
[
appropriation claimed
] 
claim
, or that are required by the written 
or electronic
 form provided
by the state engineer with the notice of [
completion of survey
] 
the time to file statements of
claim
.
(2) A person claiming a right to the use of water, as described in Subsection (1):
(a) may request an extension of time as described in Section 
73-4-10
; and
(b) shall file the statement described in Subsection (1) on or before the granted
extension date, if an extension is granted pursuant to Section 
73-4-10
.
Section 5. Section 
73-4-9
 is amended to read:
73-4-9.
Failure to file a statement of claim.
(1)
 The filing of each statement [
by a claimant
] 
of claim
 shall be considered notice to
all persons of the claim of the party making the same, and [
any person
] failing to make and
deliver such statement of claim to the state engineer or the [
clerk of the
] 
district
 court within
the time prescribed by [
law shall be forever barred and estopped from subsequently asserting
any rights, and shall be held to have forfeited all rights to the use of the water theretofore
claimed by him; provided, that any claimant, upon whom no other service of said notice shall
have been made than by publication in a newspaper and as required in Section 
45-1-101
, may
apply to the court for permission to file a statement of claim after the time therefor has expired,
and the court may extend the time for filing such statement, not exceeding six months from the
publication of said notice; but, before said time is extended, the applicant shall give notice by
publication in a newspaper having general circulation and as required in Section 
45-1-101
 on
such river system or near the water source to all other persons interested in the water of such
river system or water source, and shall make it appear to the satisfaction of the court that during
the pendency of the proceedings he had no actual notice thereof in time to appear and file a
statement and make proof of his claim; and all parties interested may be heard as to the matter
of his actual notice of the pendency of such proceedings.
] 
Section 
73-4-5
, or as extended
pursuant to Section 
73-4-10
, shall be considered evidence of an intent to abandon the right.
(2) If a claimant fails to timely file a statement of claim, as provided in this chapter, for
a right not of record in the state engineer's office, the claimant is forever barred and estopped
from subsequently asserting the unclaimed right.
Section 6. Section 
73-4-9.5
 is enacted to read:
 73-4-9.5.
List of unclaimed rights of record.
(1) After the last day on which a claimant may file a statement of claim in accordance
with Section 
73-4-5
, the state engineer shall:
(a) file with the court a list of unclaimed rights of record listing each water right of
record in the state engineer's office for which a statement of claim was not timely filed, that
includes:
(i) the water right number;
(ii) the point of diversion; and
(iii) the owner of the water right as recognized in the state engineer's records;
(b) serve notice of the list of unclaimed rights of record on all identified potential
claimants that were served with a summons, in the same manner as provided in Subsection
73-4-11
(1)(c); and
(c) hold a public meeting in the area covered by the division or subdivision to explain
the list of unclaimed rights of record.
(2) A claimant who desires to object to the state engineer's list of unclaimed rights of
record shall, within 90 days of the day on which the state engineer served the potential claimant
notice of the list of unclaimed rights of record, file:
(a) a written objection to the list of unclaimed rights of record with the district court;
and
(b) a statement of claim, as provided in this chapter, with the district court and the state
engineer.
(3) The state engineer shall evaluate and make a recommendation in the proposed
determination for a water right placed on the list of unclaimed rights of record if:
(a) the claimant files a timely objection to the list of unclaimed rights in accordance
with Subsection (2); and
(b) the court determines that a claimant's failure to file a timely statement of claim is
excused by:
(i) circumstances beyond the claimant's control;
(ii) mistake; or
(iii) any other reason justifying relief.
(4) If a claimant fails to file a timely statement of claim, as provided in this chapter, for
a right of record in the state engineer's office and the failure to file a timely claim is not
excused by the court as provided in Subsection (3), the claimant is forever barred and estopped
from asserting the right to the use of water included in the list and the right shall be considered
abandoned.
(5) After resolving all objections to the list of unclaimed rights of record, the court
shall render a judgment for the list of unclaimed rights of record that:
(a) identifies any water rights on the list of unclaimed rights that are not abandoned
because the court excuses the failure to file a statement of claim as provided in Subsection (3);
(b) adjudges the unclaimed rights abandoned; and
(c) may prohibit future claims from being filed for rights not of record in the state
engineer's office, under this chapter and Section 
73-5-13
, in the general adjudication area,
division, or subdivision.
Section 7. Section 
73-4-10
 is amended to read:
73-4-10.
Amendment of pleadings -- Extensions of time.
(1)
 The court shall have power to allow amendments to any petition, statement 
of
claim,
 or pleading[
; to extend as provided in this title the time for filing any statement of
claim;
] and to extend, upon due cause shown, the time for filing any other pleading, statement
of claim
, report
,
 or [
protest
] 
objection
.
(2) If the claimant files a written request for an extension of time to file a statement of
claim within the 90-day period to file a statement of claim, the state engineer shall grant one
30-day extension, in writing.
Section 8. Section 
73-4-11
 is amended to read:
73-4-11.
Proposed determination by engineer to court -- Hydrographic survey
map -- Notice -- Public meeting.
[
(1) Within 30 days after the last day on which a claimant may file a statement of claim
in accordance with Section 
73-4-5
, the state engineer shall begin to tabulate the facts contained
in the statements filed and to investigate, whenever the state engineer shall consider necessary,
the facts set forth in the statements by reference to the surveys already made or by further
surveys, and shall as expeditiously as possible report to the court a recommendation of how all
rights involved shall be determined.
]
[
(2)
] 
(1)
 After full consideration of the statements of claims, [
and of the surveys,
]
records, and files, and after [
a personal
] 
an
 examination of the river system or water source
involved, [
if the examination is considered necessary,
] the state engineer shall 
for the general
adjudication area, division, or subdivision
:
(a) [
formulate a report and
] 
complete a hydrographic survey map;
(b) prepare
 a proposed determination of all rights to the use of the water [
of the river
system or water source
] 
and file it with the district court
;
[
(b)
] 
(c)
 serve notice of completion of the [
report and
] proposed determination 
by
publication and by mail
, in accordance with Subsection 
73-4-3
(5), to each claimant of record in
the state engineer's office within the general adjudication area, division, or subdivision, that
includes:
(i) (A) a copy of the [
report and
] proposed determination; or
(B) instructions on how to obtain or access an electronic copy of the [
report and
]
proposed determination; and
(ii) a statement describing the claimant's right to file an objection to the [
report and
]
proposed determination within 90 days after the day on which the notice of completion of the
[
report and
] proposed determination is served; and
[
(c)
] 
(d)
 hold a public meeting in the area
, division, or subdivision
 covered by the
[
report and
] proposed determination to [
describe the report and
] 
explain the
 proposed
determination to the claimants.
[
(3)
] 
(2)
 A claimant who desires to object to the state engineer's [
report and
] proposed
determination shall, within 90 days after the day on which the state engineer served the
claimant 
with
 notice of completion of the [
report and
] proposed determination, file a written
objection to the [
report and
] proposed determination with the [
clerk of the
] district court.
[
(4)
] 
(3)
 The state engineer shall distribute the waters from the natural streams or other
natural sources:
(a) in accordance with the proposed determination or modification to the proposed
determination by court order until a final decree is rendered by the court; or
(b) if the right to the use of the waters has been decreed or adjudicated, in accordance
with the decree until the decree is reversed, modified, vacated, or otherwise legally set aside.
Section 9. Section 
73-4-12
 is amended to read:
73-4-12.
Judgment -- In absence of contest.
If no contest on the part of any claimant shall have been filed, the court shall render a
judgment in accordance with such proposed determination, which shall
:
(1)
 determine and establish the rights [
of the several claimants
] to the use of the water
of said river system or water source; and [
among other things it shall
]
(2)
 set forth
:
(a)
 the name [
and post-office address
] of the person entitled to the use of the water;
(b)
 the quantity of water in acre-feet or the flow of water in second-feet;
(c)
 the time during which the water is to be used each year;
(d)
 the name of the stream or other source from which the water is diverted;
(e)
 the point on the stream or other source where the water is diverted;
(f)
 the priority date of the right; and [
such
]
(g) any
 other matters as will fully and completely define the rights of said claimants to
the use of the water.
Section 10. Section 
73-4-14
 is amended to read:
73-4-14.
Pleadings -- Expert assistance for court.
(1)
 The statements [
filed by the claimants
] 
of claim
 shall stand in the place of
pleadings, and issues may be made thereon.
(2)
 Whenever requested so to do the state engineer shall furnish the court with any
information which [
he
] 
the state engineer
 may possess, or copies of any of the records of [
his
]
the state engineer's
 office which relate to the water of said river system or water source.
(3)
 The court may appoint referees, masters, engineers, soil specialists
,
 or other persons
[
as necessity or emergency may require to assist in taking testimony or investigating facts, and
in
]
.
(4) In
 all proceedings for the determination of the rights of claimants to the water of a
river system or water source
,
 the filed statements of [
claimants
] 
claim
 shall be competent
evidence of the facts stated therein unless the same are put in issue.
Section 11. Section 
73-4-15
 is amended to read:
73-4-15.
Judgment after hearing.
Upon the completion of the hearing, after objections filed, the court shall enter
judgment [
which
] 
that
 shall determine and establish the rights [
of the several claimants
] to the
use of the water of the river system or water source as provided in Section 
73-4-12
.
Section 12. Section 
73-4-16
 is amended to read:
73-4-16.
Appeals.
[
From all final judgments of the district court there shall be a right of appeal to the
Supreme Court as in other cases.
]
(1) There shall be a right of appeal from a final judgment of the district court to the
Supreme Court as provided in Section 
78A-3-102
.
(2)
 The appeal shall be upon the record made in the district court, and may as in equity
cases be on questions of both law and fact. [
All proceedings on appeal shall be conducted
according to the provisions of the Code of Civil Procedure.
]
Section 13. Section 
73-4-21
 is amended to read:
73-4-21.
Duty to update address and ownership -- Duty to follow court
proceedings -- Additional notice.
(1)
 After the service of summons in the manner prescribed by Section 
73-4-4
 [
hereof
],
it shall be the duty of every person served 
individually or by publication
 to [
thereafter
]
:
(a) record any change in address or water right ownership with the state engineer; and
(b)
 follow all court proceedings [
and no
]
.
(2) Except as provided in Subsection (3), the state engineer is not required to provide
any
 further or additional notice [
shall be required
] except the notice
:
(a)
 that the [
survey has been completed and the water users
] 
statement of
 claim is due
as prescribed by Section 
73-4-3
[
, and notice of the
]
;
(b) of the list of unclaimed rights of record, as described in Section 
73-4-9.5
; and
(c) of the
 proposed determinations as provided by Section 
73-4-11
.
(3)
 The district court may[
, however,
] require notice of other proceedings to be given
when, in the judgment of the court, it [
deems
] 
considers
 notice necessary.
Section 14. Section 
73-4-22
 is amended to read:
73-4-22.
State engineer's duty to search records for and serve summons on
claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown
claimants.
(1)
 The state engineer, throughout the pendency of proceedings, shall serve summons
in the manner prescribed by Section 
73-4-4
 upon all claimants to the use of water in the
described source embraced by said action, whenever the names and addresses of said persons
come to the attention of the state engineer.
(2)
 Immediately after the notice of the proposed determination is given, in accordance
with Section 
73-4-11
 hereof, the state engineer shall diligently search for the names and
addresses of any claimants to water in the source covered by the proposed determination who
have not been previously served with summons other than by publication, and any such persons
located shall forthwith be served with summons[
, and after
]
.
(3) After
 the state engineer has exhausted [
his
] 
the
 search for other claimants [
he shall
]
,
as described in Subsection (2), the state engineer shall:
(a)
 make such fact known to the district court by affidavit
;
 and [
the clerk of the district
court shall
]
(b) as ordered by the court,
 again publish summons five times, once each week, for five
successive weeks which said service shall be binding upon all unknown claimants.
Section 15. Section 
73-4-24
 is amended to read:
73-4-24.
Petition for expedited hearing of objection -- Petition for limited
determination.
(1) A claimant to the use of water may petition the court to expedite the hearing of a
valid, timely objection to a report and proposed determination prepared in accordance with
Section 
73-4-11
 in which the claimant has a direct interest.
(2) A petition under Subsection (1) shall identify any party directly affected by the
objection, if known to the claimant, and state why the hearing of the objection should be
expedited.
(3) A petitioner under Subsection (1) shall notify those affected by the petition as
directed 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 matters
raised 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
claimants may petition the court to direct the state engineer to [
survey and
] prepare a proposed
determination 
and hydrographic survey map
 for a limited area within the general adjudication
area in which the claimant or group of claimants 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
determination in 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 to
allocate resources for the preparation of another proposed determination.
(7) If the court grants a petition under this section, the state engineer shall comply with
this chapter in satisfying the court's order.
Section 16. 
Repealer.
This bill repeals:
Section 
73-4-6
,
In case of use for irrigation.
Section 
73-4-7
,
In case of use for power purposes.
Section 
73-4-8
,
In case of use for mining or milling.