Utah Code § 73-33-202

Current through the 2024 Fourth Special Session
Section 73-33-202 - Challenges to a distribution management plan
(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.

Utah Code § 73-33-202

Added by Chapter 25, 2024 General Session ,§ 29, eff. 5/1/2024.