reglab/housing_qa huggingface dataset:
UT Code § 73-4-9 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 9 - Failure to file a statement of claim.

 Effective 5/8/2018  73-4-9. Failure to file a statement of claim.    (1) The filing of each statement of claim shall be considered notice to all persons of the claim of the party making the same, and failing to make and deliver such statement of claim to the state engineer or the district court within the time prescribed by 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.     (3) If the state engineer receives an untimely statement of claim, the state engineer shall return the claim to the claimant without further action.     (4) If an untimely statement of claim is filed with the court, the state engineer shall take no further action unless a claimant's failure to file a timely claim is excused pursuant to Subsection 73-4-9.5(3).     (5) Subsections (3) and (4) apply whether the untimely claim is asserted pursuant to Section 73-4-5 or 73-5-13.    Amended by Chapter 348, 2018 General Session
UT Code § 73-4-9.5 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 9.5 - List of unclaimed rights of record.

 Effective 5/10/2016  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.      Enacted by Chapter 72, 2016 General Session
UT Code § 73-4-10 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 10 - Amendment of pleadings -- Extensions of time.

 Effective 5/10/2016  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 and to extend, upon due cause shown, the time for filing any other pleading, statement of claim, report, or 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.    Amended by Chapter 72, 2016 General Session
UT Code § 73-4-12 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 12 - Judgment -- In absence of contest.

 Effective 5/10/2016  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 to the use of the water of said river system or water source; and     (2) set forth:   (a) the name 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     (g) any other matters as will fully and completely define the rights of said claimants to the use of the water.      Amended by Chapter 72, 2016 General Session
UT Code § 73-4-13 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 13 - In case of contest -- Notice of hearing.

73-4-13. In case of contest -- Notice of hearing.  If any contest or objection on the part of any claimant shall have been filed, as in this chapter provided, the court shall give not less than 15 days' notice to all claimants, stating when and where the matter will be heard.  No Change Since 1953
UT Code § 73-4-14 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 14 - Pleadings -- Expert assistance for court.

 Effective 5/10/2016  73-4-14. Pleadings -- Expert assistance for court.    (1) The statements 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 the state engineer may possess, or copies of any of the records of 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.     (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 claim shall be competent evidence of the facts stated therein unless the same are put in issue.    Amended by Chapter 72, 2016 General Session
UT Code § 73-4-15 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 15 - Judgment after hearing.

 Effective 5/10/2016  73-4-15. Judgment after hearing.  Upon the completion of the hearing, after objections filed, the court shall enter judgment that shall determine and establish the rights to the use of the water of the river system or water source as provided in Section 73-4-12. Amended by Chapter 72, 2016 General Session
UT Code § 73-4-16 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 16 - Appeals.

 Effective 5/14/2019  73-4-16. Appeals.    (1) There is a right of appeal from a final judgment of the district court to the Supreme Court as provided in Section 78A-3-102.     (2)   (a) There is a right of appeal to the Supreme Court from a district court order, judgment, or decree that resolves an objection filed in accordance with Section 73-4-9.5 or 73-4-11.     (b) The entry of a decree for a general adjudication area, division, or subdivision described in Section 73-4-1 is not a prerequisite to exercise the right to appeal described in Subsection (2)(a).       (3) 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.    Amended by Chapter 158, 2019 General Session
UT Code § 73-4-17 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 17 - Certified copy of final judgment -- Filing.

73-4-17. Certified copy of final judgment -- Filing.  Within 30 days after the entry of final judgment of the district court, or if an appeal is taken from a district court judgment, within 30 days after the final judgment on remittitur is entered, it shall be the duty of the clerk of the district court to deliver to the state engineer a certified copy of such judgment and to cause a certified copy thereof to be filed with the county recorder of each county in which the water adjudicated is diverted from its natural source and of each county where the water is applied. No filing fee shall be charged by either the state engineer or the county recorder.  Amended by Chapter 127, 1992 General Session
UT Code § 73-4-18 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 18 - General determination in court's discretion -- State to be made a party.

73-4-18. General determination in court's discretion -- State to be made a party.  Whenever any civil action is commenced in the district court involving fewer than 10 water claimants or less than the major part of the rights to the use of water from any river system, lake, underground water basin, or other source, the court in its discretion may, if a general determination of the rights to the use of water from said water source has not already been made, proceed, as in this chapter provided, to make such a general determination. In any such action for the determination of water rights the state of Utah shall be joined as a necessary party.  No Change Since 1953
UT Code § 73-4-19 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 19 - Redetermination -- Bond of applicant.

73-4-19. Redetermination -- Bond of applicant.  Wherever a general determination of water rights upon any river system or water source has been made by the district court, any claimant to the use of water from such river system or water source seeking a redetermination of water rights upon such river system or water source shall, before commencing any action for such redetermination or for the revision of any final judgment other than as provided in Section 73-4-1, furnish to the court in which such action is commenced and before the filing of any petition or complaint for such purpose, a good and sufficient bond, in a form and with sureties approved by the court, in a sum fixed by the court at least equal to twice the estimated costs which may arise in such action, conditioned that if final judgment after hearing, or after appeal should appeal be taken, is awarded against such claimant, then such claimant will pay all costs arising in such action and all damages to other parties thereto arising therefrom.  No Change Since 1953
UT Code § 73-4-20 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 20 - Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication fund.

73-4-20. Revolving fund -- Money expended not assessable against water users -- Transfer of unexpended money to adjudication fund -- Payment of costs of determinations -- Money expended from adjudication fund not assessable against water users -- Surplus to remain in adjudication fund.  Money heretofore expended from the state engineer's revolving fund in pending adjudications shall not be assessable against the water users. All money remaining and unexpended in the state engineer's revolving fund as of July 1, 1953, including money appropriated to the revolving fund for the biennium ending June 30, 1955, shall be transferred to a fund of the state engineer to be known as the adjudication fund. The revolving fund shall be closed out upon such transfer of money. The state engineer shall pay all costs of determinations with money appropriated to the office of the state engineer and deposited in the adjudication fund and with money transferred to such fund as provided above. The money expended from such fund shall not be assessable against the water users. Any money remaining in such fund at the end of the biennium shall not revert to the general fund but shall remain in the adjudication fund until expended.  Amended by Chapter 131, 1953 Special Session C
UT Code § 73-4-21 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 21 - Duty to update address and ownership -- Duty to follow court proceedings -- Additional notice.

 Effective 5/10/2016  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, it shall be the duty of every person served individually or by publication to:   (a) record any change in address or water right ownership with the state engineer; and     (b) follow all court proceedings.       (2) Except as provided in Subsection (3), the state engineer is not required to provide any further or additional notice except the notice:   (a) that the statement of claim is due as prescribed by Section 73-4-3;     (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 require notice of other proceedings to be given when, in the judgment of the court, it considers notice necessary.    Amended by Chapter 72, 2016 General Session
UT Code § 73-4-23 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 23 - Effective date of amendatory act -- Application to pending suits -- State engineer's certificate.

73-4-23. Effective date of amendatory act -- Application to pending suits -- State engineer's certificate.  This act shall be effective 60 days from its enactment and shall apply to all suits now pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, except those proceedings under which the state engineer has by the effective date hereof completed his survey, and it is expressly provided that those actions where the state engineer has by the effective date of this act completed his survey may proceed to completion under the procedure prescribed by the statutes heretofore existing. The state engineer shall within 10 days after the effective date of this act file with the clerk of the court in each action then pending under Title 73, Chapter 4, Determination of Water Rights, Utah Code Annotated 1953, a certificate under the seal of his office stating whether or not he has completed the survey so that all persons will have notice and can know whether or not this act is applicable to such existing suit.  No Change Since 1953
UT Code § 73-4-24 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 4 - Determination of Water Rights|Section 24 - Petition for expedited hearing of objection -- Petition for limited determination.

 Effective 5/10/2016  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 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.    Amended by Chapter 72, 2016 General Session
UT Code § 73-5-1.5 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 5 - Administration and Distribution|Section 1.5 - Water Commissioner Fund.

 Effective 1/1/2016  73-5-1.5. Water Commissioner Fund.    (1) There is created an expendable special revenue fund known as the "Water Commissioner Fund."     (2) The fund consists of assessments paid to the state engineer by water users pursuant to Subsection 73-5-1(3).     (3)   (a) The fund shall earn interest.     (b) Interest earned on fund money shall be deposited into the fund.       (4) The state engineer shall use fund money to pay for salary and expenses of water commissioners and other expenses related to the distribution of water specified in Subsection 73-5-1(3).    Amended by Chapter 401, 2015 General Session
UT Code § 73-5-3 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 5 - Administration and Distribution|Section 3 - Control by engineer of division and distribution under judgments.

 Effective 5/13/2014  73-5-3. Control by engineer of division and distribution under judgments.    (1) The state engineer or the state engineer's designee shall carry into effect a judgment of a court in relation to the division, distribution, or use of water under the provisions of this title.     (2) The state engineer shall:   (a) divide water among several appropriators entitled to the water in accordance with the right of each appropriator;     (b) regulate and control the use of the water by closing or partially closing a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion to prevent the waste of water or its use in excess of the quantity to which an appropriator is lawfully entitled; and     (c) regulate a controlling work of reservoirs in accordance with the provisions of this title.       (3)   (a) If the state engineer regulates a head gate, cap, valve, or other controlling work of a ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or the controlling work of a reservoir, the state engineer may attach to the controlling work a written notice, properly dated and signed, setting forth that the controlling work has been properly regulated and is wholly under the state engineer's control.     (b) The notice provided under Subsection (3)(a) shall be a legal notice, as to the facts contained in the notice, to all parties interested in the division and distribution of the water of the ditch, canal, pipe, flume, well or tunnel, or other means of diversion, or reservoir.       (4)   (a) If the state engineer is required to enter upon private property to carry out the provisions of this title and is refused by the owner or possessor of the property the right of entry, the state engineer may petition the district court for an order granting a right of entry.     (b) After notice and hearing the court may grant the state engineer a right of entry, on security given by the state engineer to pay the owner of the property for all damage caused by the entry.      Amended by Chapter 369, 2014 General Session
UT Code § 73-5-4 (2021)
2021 Utah Code|Title 73 - Water and Irrigation|Chapter 5 - Administration and Distribution|Section 4 - Controlling works and measuring devices.

73-5-4. Controlling works and measuring devices.    (1) To assist the state engineer or water commissioner in the regulation, distribution, and measurement of water, a person using water in this state, except as provided by Subsection (4), shall construct or install and maintain controlling works and a measuring device at:   (a) each location where water is diverted from a source; and     (b) any other location required by the state engineer.       (2) A person using water in this state shall make the controlling works and measuring device accessible to the state engineer or water commissioner.     (3) The state engineer shall approve the design of:   (a) the measuring device; and     (b) controlling works so that the state engineer or a water commissioner may regulate and lock the works.       (4) A person using water as an instream flow:   (a) shall install and maintain a measuring device or stream gauging station in the section of the stream within which the instream flow is maintained; and     (b) is not required to install controlling works unless the state engineer's order approving the application requires the installation because controlling works are necessary to achieve the purpose of the application.       (5)   (a) An owner or manager of a reservoir shall construct and maintain a measuring device as directed by the state engineer to measure the inflow, storage content, and outflow from the reservoir.     (b) The state engineer shall approve the design and location of the measuring device.     (c) The owner or manager of a reservoir shall make the measuring device accessible to the state engineer or water commissioner.       (6) If a water user refuses or neglects to construct or install the controlling works or measuring device after 30 days' notice to do so by the state engineer, the state engineer may:   (a) forbid the use of water until the user complies with the state engineer's requirement; and     (b) commence enforcement proceedings authorized by Section 73-2-25.      Amended by Chapter 311, 2008 General Session