OCR Text |
Show UTAH 717 While the State engineer has fairly broad discretion in many matters relating to water rights administration, all of his decisions are subject to review by the district court. The function and role of the State engineer is that of an administrative officer to maintain order in the administration of water rights and not that of a judge to adjudicate vested rights between water users.11 2.2 Resolution of Water Use Conflicts While water rights disputes arise in a variety of situations and can be resolved in a number of ways, the principal statutory method for resolving water use conflicts in Utah is the statutory adjudica- tion procedure which provides for a comprehensive determination of all rights to a stream or water source in a single proceeding. Many water right disputes result from a lack of definition of the extent of the individual rights from a source, and from lack of integration of all rights into a single decree or distribution schedule. The statu- tory determination of water rights is designed to solve these prob- lems and prevent piecemeal litigation over water rights.12 Of course, all water right litigation need not proceed as a statutory adjudica- tion action since private suits can be litigated without being turned into a statutory adjudication.13 In Utah a statutory adjudication 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.14 Once such a proceeding has been initiated, summons is personally served on all known water users and served on unknown users by publication.15 Each user is required to file a water user's claim, spe- cifically setting forth the details of the right which is claimed.' These claims stand in the place of pleadings, and issues may be framed thereon.16 The statute also provides that for failure to file a claim, after proper notice, a water user shall be forever barred and estopped from subsequently asserting any rights and shall be deemed to have forfeited all rights claimed.17 The State engineer prepares a hydrographic survey encompassing all of the uses from the source involved. 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 mailed to the individual users and any user may submit a written protest to the district court within 90 days if he disagrees with the engineer's proposals.18 Protests are tried before the district court, with all of the interested parties present. If no protests are filed, the district court enters judgment in accordance 11 East Bench Irr. Co. v. Utah, 5 U. 2d 235, 300 Pac. 603 (1956). 12 Smith \. District Court, 69 Utah 493, 256 Pac. 539 (1927) ; In re Bear River Drain- age Area, 2 U. 2d 208, 271 P. 2d 846 (1954). 13 Spanish Fork West Field Irr. Co. v. District Court of Salt Lake County, 99 Utah 558, 110 P. 2d 344 (1941). "Utah Code Ann., sec. 73-4-1. 15 Utah Code Ann., sec. 73-4-4. 18 Utah Code Ann., sees. 73-4-5, 73-4-14. 17 Utah Code Ann., sec. 73-4-9. 18 Utah Code Ann., sec. 73-4-11. |