73-4-4 - Summons -- Service -- Publication -- Form -- Delivery of form for claimant's statement.
73-4-4. Summons -- Service -- Publication -- Form -- Delivery of form forclaimant's statement.
(1) (a) Claimants whose names appear on the list prescribed by Section 73-4-3 at thetime the list is filed by the state engineer with the clerk of the court shall be served with asummons issued out of the district court and served as a summons is served in other civil cases.
(b) Upon the filing by the state engineer of an affidavit that the state engineer hassearched the records of the state engineer's office and has listed all names as required by Section73-4-3, and upon proof of publication of notice to all claimants to notify the state engineer oftheir names and addresses, summons may be served on all other persons and claimants not listedon said list by publication of summons:
(i) in a newspaper or newspapers designated by the judge of the court as most likely togive notice to the persons served, five times, once each week for five successive weeks; and
(ii) in accordance with Section 45-1-101 for five weeks.
(c) Service of summons is completed upon the date of the publication.
(d) The summons shall be substantially in the following form:
"In the District Court of .......... County, State of Utah, in the matter of the generaladjudication of water rights in the described water source.
The State of Utah to the said defendant:
You are hereby summoned to appear and defend the above entitled action which isbrought for the purpose of making a general determination of the water rights of the describedwater source. Upon the service of this summons upon you, you will thereafter be subject to thejurisdiction of the entitled court and it shall be your duty to follow further proceedings in theabove entitled action and to protect your rights therein. When the state engineer has completedthe survey you will be given a further written notice, either in person or by mail, sent to yourlast-known address, that you must file a water users claim in this action setting forth the nature ofyour claim, and said notice will specify the date upon which your water users claim is due andthereafter you must file said claim within the time set and your failure so to do will constitute adefault in the premises and a judgment may be entered against you declaring and adjudging thatyou have no right in or to the waters of described water source."
(2) At the time the said notice of completion of survey is given, the state engineer mustmail or otherwise deliver a form upon which the claimant shall present in writing, as provided inthe next succeeding section, all the particulars relating to the appropriation of the water of saidriver system or water source to which the claimant lays claim.
Amended by Chapter 388, 2009 General Session