{"data":{"id":"us-ut/utah-code-73-3-14","jurisdiction":"us-ut","citation":"Utah Code § 73-3-14","heading":"Judicial review of state engineer order.","body":"(1)\n(a) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section.\n(b) A person is aggrieved by an order of the state engineer approving or rejecting an application under Section 73-3-8 only if the person has suffered or will suffer a particularized injury from an action taken by the state engineer in accordance with Section 73-3-8.\n(c) Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.\n(2) A person who files a petition of judicial review shall join the state engineer as a respondent in a petition to review the state engineer's decision, but a court may not award a judgment for costs or expenses of the litigation against the state engineer.\n(3) A person who files a petition for judicial review as authorized in this section shall:\n(a) name the state engineer as a respondent; and\n(b) provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of:\n(i) the filing of the petition for judicial review; and\n(ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.\n(4) In addition to complying with Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:\n(a) who requested the adjudicative proceeding; or\n(b) against whom the state engineer brought the adjudicative proceeding.\n(5) A written notice required by this section shall:\n(a) be mailed:\n(i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and\n(ii) to the address on record with the state engineer's office at the time the order is issued; and\n(b) include:\n(i) a copy of the petition; and\n(ii) the address of the court in which the petition is pending.\n(6) If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:\n(a) the motion of a party;\n(b) the special appearance of a person who:\n(i) participated in the adjudicative proceeding; and\n(ii) is not a party; or\n(c) the court's own motion.\n(7) A person who files a petition for judicial review is not required to:\n(a) notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and\n(b) notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding.","path":["Title 73 Water and Irrigation","Chapter 73-3 Appropriation"],"source_url":"https://le.utah.gov/xcode/Title73/Chapter3/73-3-S14.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"62b7382eb4032e199bdd6af66b2d6d40c44c696a912632f97ece691048b13bb0","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-73-3-13","next":"us-ut/utah-code-73-3-15"},"notice":"GroundRules: Original legal text. Not legal advice."}