Utah Code 73-5-14. Determination by the state engineer of watershed to which particular source is tributary — Publications of notice and result — Hearing — Judicial review
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(1) The state engineer may determine for administrative and distribution purposes the watershed to which any particular stream or source of water is tributary.
Terms Used In Utah Code 73-5-14
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(2) A determination under Subsection (1) may be made only after publication of notice to the water users.(3) Publication of notice under Subsection (2) shall be made:(3)(a) for every county in the state in which any rights might be affected, as a class A notice under Section 63G-30-102, for at least five weeks before the date of the hearing described in Subsection (4); and(3)(b) in accordance with Section 45-1-101 for five weeks.(4) The state engineer shall fix the date and place of hearing and at the hearing any water user shall be given an opportunity to appear and adduce evidence material to the determination of the question involved.(5)(5)(a) The state engineer shall publish the result of the determination as provided in Subsections (3)(a) and (b), and the notice of the decision of the state engineer shall notify the public that any person aggrieved by the decision may appeal the decision as provided by Section 73-3-14.(5)(b) The notice under Subsection (5)(a) shall be considered to have been given so as to start the time for appeal upon completion of the publication of notice.