WSP04552 - Laserfiche WebLink

Home Browse Search

.."'".., fi .: ~ ,{ ~ 'J I U ..' ~" ',~" "- DRAFT be a continued beneficial use of water in the manner provided for in the certificate. Utan has an integrated administrative-judicial proceedings for the determination of the rights to the use of any stream or water source in the state. Sucn action can be initiated by the state engineer upon petition of water users or the court can, in litigation involving water rights. order a general adjudication. Once a. general adjudication 1'1'0- ceedings has been initiated, the state engineer undertakes a hydrographic survey of the source involved and receives water users claims from the various users. These claims stand in the place of pleadings, and issues may be framed thereon. From these sources and other information gathered by him during his investigation, the state engineer prepares a proposed determination of water rights. This document is mailerl to the individual users and they have an opportunity to submit written protests to the District Court if they disagree with the engineer's proposals. Any protests which are f submitted are tried before the District Court with all the interested parti:e's pre'sent. The Di'S~trict Court's ruling may be appealed to the Utah Supreme Court. If no protests are filed, the District Court enters judgment in aecor-dance ",ith the p,roposed determination of water rights as submitted by the state engineer. The Utah Supreme Court, in some relatively early cases, upheld the constitutionality of various aspects of this case. The state engineer has general administrative supervision of the distribution of the waters of the state. He may, after consultation with the water users on a given source, appoint a connnissioner who makes the actual distribution of the water to the various users. The salary and expenses of the commissioner are paid by the individual water users 17.