Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 377 (2022GS)

Sponsor

Rep. Kohler, M.

Final action

Governor Signed 3/21/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• in an action for an adjudication of water rights, allows the state engineer to serve a claimant with a request for additional information;
• if a claimant who is served with a request for additional information fails to respond, allows the state engineer to make a recommendation to the court based on the engineer's existing knowledge, which may include recommending a disallowance of the claimant's claim;
• allows the state engineer to seek an interlocutory judgment on water rights for which no contest is filed; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

WATER RIGHTS ADJUDICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael L. Kohler
Senate Sponsor: 
 David P. Hinkins
LONG TITLE
General Description:
This bill amends provisions related to the process for adjudicating water rights.
Highlighted Provisions:
This bill:
▸ in an action for an adjudication of water rights, allows the state engineer to serve a
claimant with a request for additional information;
▸ if a claimant who is served with a request for additional information fails to
respond, allows the state engineer to make a recommendation to the court based on
the engineer's existing knowledge, which may include recommending a
disallowance of the claimant's claim;
▸ allows the state engineer to seek an interlocutory judgment on water rights for
which no contest is filed; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
73-4-5
, as last amended by Laws of Utah 2018, Chapter 298
73-4-12
, as last amended by Laws of Utah 2016, Chapter 72
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
73-4-5
 is amended to read:
73-4-5.
Requirements for statement of claim in general adjudication of water
rights.
(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 the time to
file statements of claim as described in Section 
73-4-3
 is served, file with the state engineer or
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 Title 78B, Chapter 18a, Uniform
Unsworn Declarations Act, that includes:
(a) the name and address of the claimant;
(b) the nature and measure of beneficial use on which the claim is based;
(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, 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;
(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;
(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);
(h) the claimed priority date;
(i) the place and manner of current use; and
(j) other facts that clearly define the extent, limits, and nature of the claim, or that are
required by the written or electronic form provided by the state engineer with the notice of the
time to file statements of claim.
(2) (a) The state engineer may serve on a claimant, by mail, a request for additional
information supporting the elements of the claimant's claim.
(b) A claimant shall serve the state engineer with a written response within 30 days
after the day on which the state engineer serves the request for additional information, unless
the state engineer and the claimant agree in writing to extend the time to respond.
(c) A request for additional information described in Subsection (2)(a) shall contain a
notice advising the claimant that:
(i) the claimant has 30 days to respond to the request for additional information; and
(ii) failure to timely provide the information requested by the state engineer may result
in the state engineer making a recommendation to the court, based on the state engineer's
knowledge of the claim at the time the state engineer makes the recommendation, which may
be a recommendation that the court disallow the claimant's claim.
(d) If a claimant does not timely respond to a notice of request for additional
information, the state engineer may make, in the proposed determination, a recommendation on
the claimant's claim that is based on the information available to the state engineer at the time
of the proposed determination, which may be a recommendation that the court disallow the
claimant's claim.
[
(2)
] 
(3)
 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 2. Section 
73-4-12
 is amended to read:
73-4-12.
Judgment -- In absence of contest.
(1)
 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)
] 
(a)
 determine and establish the rights to the use of the water of said river system
or water source; and
[
(2)
] 
(b)
 set forth:
[
(a)
] 
(i)
 the name of the person entitled to the use of the water;
[
(b)
] 
(ii)
 the quantity of water in acre-feet or the flow of water in second-feet;
[
(c)
] 
(iii)
 the time during which the water is to be used each year;
[
(d)
] 
(iv)
 the name of the stream or other source from which the water is diverted;
[
(e)
] 
(v)
 the point on the stream or other source where the water is diverted;
[
(f)
] 
(vi)
 the priority date of the right; and
[
(g)
] 
(vii)
 any other matters as will fully and completely define the rights of said
claimants to the use of the water.
(2) (a) The state engineer may seek an interlocutory judgment from the court on the
rights to the use of water described in the proposed determination to which no contest or
objection is filed.
(b) An interlocutory judgment entered by the court is binding on the state engineer and
each claimant until a final judgment is entered under Section 
73-4-15
.