general adjudications of water rights
navigating the adjudication process in utah
background
"The water rights adjudication process…bring[s] order and certainty to the water rights record throughout the state by defining existing rights, quantifying unknown rights, and removing unused and abandoned rights from the record by judicial decree."
A general adjudication of water rights is a process by which the valid water rights in a specific area are finally determined and decreed by a court. The Utah State Engineer facilitates the adjudication process by following a series of steps set forth by statute. Adjudications are typically conducted at the watershed level, but the State Engineer can divide the watershed into divisions and subdivisions. The State Engineer follows the adjudication process outlined below for each individual subdivision. Please note that this only covers the basic process, and does not address every situation that can arise during a general adjudication.
(Source: Utah Division of Water Rights)
step 1: summons
State Engineer Actions
After an adjudication has been initiated, the State Engineer identifies all possible water claimants. This includes every water right owner that appears in the State Engineer’s records as well as every property owner in the adjudication boundary.
The State Engineer then serves summons by mail on every possible water claimant.
Your Actions
No specific actions are required in response to a summons.
If you have a water right and hire an attorney to help you through the adjudication process, ensure that your attorney enters an appearance as quickly as possible to ensure he or she receives notice of all filings.
step 2: claim filing
State Engineer Actions
Your Actions
After the adjudication begins, and typically after issuing the summons, the State Engineer will hold a public meeting to explain the general adjudication process.
After the initial public meeting, the State Engineer will send a notice to file claims to all water right owners of record and property owners within the adjudication boundary that alerts potential claimants that statements of water users' claims must be submitted within 90 days after the notice to file claims was mailed.
File a statement of water user’s claim for your water right(s).
If you know you will need additional time to file your claim, submit a written request to the State Engineer before the 90-day period expires to receive one 30-day extension.
If you miss the deadline, you can either file a motion for retroactive extension of time or object to the List of Unclaimed Rights.
list of unclaimed rights of record
If a claimant fails to file a timely claim:
If you fail to file a timely claim for a right of record, the right will be placed on the List of Unclaimed Rights of Record. Claimants and property owners will get notice of the List of Unclaimed Rights.
If no objections are filed, the unclaimed rights on the List will be judged abandoned by the Court.
If after an objection, the Court determines that the claimant's failure to timely file is excused, the State Engineer will evaluate the water right in the proposed determination.
Insider Tip: When you receive notice of the List of Unclaimed Rights, the actual list will not be included. You can access the list online or copy the list at the State Engineer’s Office for a fee. Once you can review the list, you should verify that your water right of record does not appear on the list. If it does, you may want to consider filing an objection with the Courts of Unclaimed Rights of Record.
step 4: proposed determination
After all statements of water users' claims are filed, the State Engineer reviews the claims, records, and files. Then, the State Engineer will:
If you disagree with the State Engineer’s recommendation for your water right or for another party’s water right, you must file an objection with the district court within 90 days after the notice of completion of the proposed determination was mailed.
You must pursue your objection in district court according to the Utah Rules of Civil Procedure. Objection proceedings, like other civil actions, can be dismissed if the objector fails to pursue the objection.
If a Special Master has been appointed in the adjudication at issue, the Special Master helps ensure that objection proceedings are heard in a timely manner and that a resolution is reached between the parties.
Complete the hydrographic survey map; and
Prepare and file a proposed determination; and
Serve a notice of completion of the proposed determination on every person or entity that filed a claim
The State Engineer will hold public meetings throughout the adjudication process. These public meetings provide an opportunity for you to ask questions about the process. For the most part, the dates and times of the public meetings should be included in the mailings the State Engineer sends to potential claimants.
our water team
disclaimer | privacy policy | eeo statement | at-will statement | copyright holland & hart llp 1995-2021 all rights reserved.
www.hollandhart.com
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
disclaimer
Accept
decline
Insider Tip
Insider Tip
When you receive notice of completion of the proposed determination, the actual proposed determination will not be included. You can access the proposed determination for free online, or can copy it at the State Engineer’s Office for a fee.
The adjudication team at the State Engineer’s office is incredibly helpful. Contact them if you have a question about the adjudication. Of course, once a claimant files an objection to either the list of unclaimed rights or a proposed determination, the State Engineer’s office is adverse to that party, and cannot assist with navigating the objection, but they can be very helpful until that point. The State Engineer's website can also provide some helpful information on the adjudication process.
Step 2:
Claim Filing
Step 3:
list of unclaimed rights
STep 1:
summons
Step 3:
list of unclaimed rights
State Engineer Actions
Your Actions
The State Engineer is required to give notice of further proceedings to both the claimant and any attorney who has entered an appearance for that claimant.
If you have a water right, verify that your address is up to date on the State Engineer’s website to ensure you receive all future mailings.
Insider Tip
Failure to timely file a claim can result in an order from the court declaring that you have no right to use the water.
Claims can be submitted to the State Engineer's Office or to the district court in which the adjudication is taking place.
Irrigation companies should map out their current irrigation and provide it when they submit their claims.
Insider Tip
Your options at this stage will depend on a variety of factors—you should seek assistance from an attorney or the State Engineer's Office if you are unsure of your options.
step 3: list of unclaimed rights
State Engineer Actions
Your Actions
After the time for filing water users’ claims has closed, the State Engineer will publish a List of Unclaimed Rights of Record (“LUR”) that lists each water right that already appears on the State Engineer’s records for which a statement of claim was not timely filed.
Review the LUR to determine whether your water right of record appears on the list. If it does, you may want to consider filing an objection with the district court. All of the water rights on the LUR for which no objections are filed will be abandoned by the court.
Insider Tip
Insider Tip: When you receive notice of the LUR, the actual list will not be included. You can access the list for free online, or can copy the list at the State Engineer's Office for a fee.
Objections must comply with Utah Code 73-4-9.5.
After an objection, if the Court determines that the claimaint's failure to timely file a claim is excused, the State Engineer will evaluate the water right in the proposed determination.
list of unclaimed rights of record
If a claimant fails to file a timely claim:
If you fail to file a timely claim for a right of record, the right will be placed on the List of Unclaimed Rights of Record. Claimants and property owners will get notice of the List of Unclaimed Rights.
If no objections are filed, the unclaimed rights on the List will be judged abandoned by the Court.
If after an objection, the Court determines that the claimant's failure to timely file is excused, the State Engineer will evaluate the water right in the proposed determination.
Insider Tip: When you receive notice of the List of Unclaimed Rights, the actual list will not be included. You can access the list online or copy the list at the State Engineer’s Office for a fee. Once you can review the list, you should verify that your water right of record does not appear on the list. If it does, you may want to consider filing an objection with the Courts of Unclaimed Rights of Record.
step 4: proposed determination
STep 2:
claim filing
The State Engineer mails notice of the LUR to all potential claimants in the adjudication boundary.
If you are participating in an objection proceeding before the Special Master, he or she will enter a scheduling order that governs discovery and motion practice. The scheduling order must be followed, or you risk having your objection dismissed.
Insider Tip
It is possible to resolve objections without proceeding through an entire court case. If the objector, the State Engineer, and any affected parties who have opted to participate can agree on a resolution, they can enter into a stipulation to resolve the objection and file a motion to dismiss the objection with the district court.
Insider Tip
Because objection proceedings are court proceedings, it is advisable to have an attorney representing you throughout the objection process.
melissa reynolds
associate
T. 801.799.5875
Send Email
View Full Bio
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
ACCEPT
decline
Melissa draws from her experience with government agencies to counsel clients on enforcement and compliance issues involving natural resources, with an emphasis on water quality and water rights. Prior to joining Holland & Hart, Melissa worked for the Utah Attorney General’s Office: Natural Resources Division, where she acted as general counsel to the State Engineer and developed a comprehensive understanding of Utah's water rights statutes. Melissa employs her first-hand knowledge of state statutes to provide legal service to a variety of clients navigating complex water rights issues.
jody williams
partner
T. 801.799.5965
Send Email
View Full Bio
Jody helps clients navigate the complexities of doing business in the Mountain West, with a special focus on, and a national reputation for, water law.
Jody understands the complex, competing demands for water across the region and the political, economic, and social contexts in which disputes arise. Her clients include industrial, commercial, and residential developers; water conservancy districts; energy and mining companies; ranchers; and water companies.
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
ACCEPT
decline
steven vuyovich
of counsel
T. 801.799.5966
Send Email
View Full Bio
Steve helps clients resolve complex water rights issues so that they can achieve their business goals. He counsels a variety of clients on evaluating, buying, selling, changing, protecting, and transferring water rights.
As a ranch owner and former operator of a commercial cattle operation in eastern Oregon, he has a hands-on understanding of the critical land and water issues facing many of his clients throughout the West.
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
ACCEPT
decline
resources
Insider Tip
State Engineer Actions
Your Actions
Failure to timely file a claim can result in an order from the court declaring that you have no right to use the water.
Claims can be submitted to the State Engineer's Office or to the district court in which the adjudication is taking place.
Irrigation companies should map out their current irrigation and provide it when they submit their claims.
Insider Tip
Your options at this stage will depend on a variety of factors—you should seek assistance from an attorney or the State Engineer's Office if you are unsure of your options.
Insider Tip
State Engineer Actions
Your Actions
When you receive notice of the LUR, the actual list will not be included. You can access the list for free online, or can copy the list at the State Engineer's Office for a fee.
Insider Tip
State Engineer Actions
Your Actions
When you receive notice of completion of the proposed determination, the actual proposed determination will not be included. You can access the proposed determination for free online, or can copy it at the State Engineer’s Office for a fee.
Insider Tip
Because objection proceedings are court proceedings, it is advisable to have an attorney representing you throughout the objection process.
Insider Tip
It is possible to resolve objections without proceeding through an entire court case. If the objector, the State Engineer, and any affected parties who have opted to participate can agree on a resolution, they can enter into a stipulation to resolve the objection and file a motion to dismiss the objection with the district court.
Insider Tip
general adjudications of water rights
navigating the adjudication process in utah
background
"The water rights adjudication process…bring[s] order and certainty to the water rights record throughout the state by defining existing rights, quantifying unknown rights, and removing unused and abandoned rights from the record by judicial decree."
A general adjudication of water rights is a process by which the valid water rights in a specific area are finally determined and decreed by a court. The Utah State Engineer facilitates the adjudication process by following a series of steps set forth by statute. Adjudications are typically conducted at the watershed level, but the State Engineer can divide the watershed into divisions and subdivisions. The State Engineer follows the adjudication process outlined below for each individual subdivision. Please note that this only covers the basic process, and does not address every situation that can arise during a general adjudication.
(Source: Utah Division of Water Rights)
step 1: summons
State Engineer Actions
After an adjudication has been initiated, the State Engineer identifies all possible water claimants. This includes every water right owner that appears in the State Engineer’s records as well as every property owner in the adjudication boundary.
The State Engineer then serves summons by mail on every possible water claimant.
Your Actions
No specific actions are required in response to a summons.
If you have a water right and hire an attorney to help you through the adjudication process, ensure that your attorney enters an appearance as quickly as possible to ensure he or she receives notice of all filings.
step 2: claim filing
State Engineer Actions
Your Actions
After the adjudication begins, and typically after issuing the summons, the State Engineer will hold a public meeting to explain the general adjudication process.
After the initial public meeting, the State Engineer will send a notice to file claims to all water right owners of record and property owners within the adjudication boundary that alerts potential claimants that statements of water users' claims must be submitted within 90 days after the notice to file claims was mailed.
File a statement of water user’s claim for your water right(s).
If you know you will need additional time to file your claim, submit a written request to the State Engineer before the 90-day period expires to receive one 30-day extension.
If you miss the deadline, you can either file a motion for retroactive extension of time or object to the List of Unclaimed Rights.
list of unclaimed rights of record
If a claimant fails to file a timely claim:
If you fail to file a timely claim for a right of record, the right will be placed on the List of Unclaimed Rights of Record. Claimants and property owners will get notice of the List of Unclaimed Rights.
If no objections are filed, the unclaimed rights on the List will be judged abandoned by the Court.
If after an objection, the Court determines that the claimant's failure to timely file is excused, the State Engineer will evaluate the water right in the proposed determination.
Insider Tip: When you receive notice of the List of Unclaimed Rights, the actual list will not be included. You can access the list online or copy the list at the State Engineer’s Office for a fee. Once you can review the list, you should verify that your water right of record does not appear on the list. If it does, you may want to consider filing an objection with the Courts of Unclaimed Rights of Record.
step 4: proposed determination
After all statements of water users' claims are filed, the State Engineer reviews the claims, records, and files. Then, the State Engineer will:
If you disagree with the State Engineer’s recommendation for your water right or for another party’s water right, you must file an objection with the district court within 90 days after the notice of completion of the proposed determination was mailed.
You must pursue your objection in district court according to the Utah Rules of Civil Procedure. Objection proceedings, like other civil actions, can be dismissed if the objector fails to pursue the objection.
If a Special Master has been appointed in the adjudication at issue, the Special Master helps ensure that objection proceedings are heard in a timely manner and that a resolution is reached between the parties.
Complete the hydrographic survey map; and
Prepare and file a proposed determination; and
Serve a notice of completion of the proposed determination on every person or entity that filed a claim
The State Engineer will hold public meetings throughout the adjudication process. These public meetings provide an opportunity for you to ask questions about the process. For the most part, the dates and times of the public meetings should be included in the mailings the State Engineer sends to potential claimants.
our water team
disclaimer | privacy policy | eeo statement | at-will statement | copyright holland & hart llp 1995-2021 all rights reserved.
www.hollandhart.com
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
disclaimer
Accept
decline
Insider Tip
Insider Tip
When you receive notice of completion of the proposed determination, the actual proposed determination will not be included. You can access the proposed determination for free online, or can copy it at the State Engineer’s Office for a fee.
The adjudication team at the State Engineer’s office is incredibly helpful. Contact them if you have a question about the adjudication. Of course, once a claimant files an objection to either the list of unclaimed rights or a proposed determination, the State Engineer’s office is adverse to that party, and cannot assist with navigating the objection, but they can be very helpful until that point. The State Engineer's website can also provide some helpful information on the adjudication process.
Step 2:
Claim Filing
Step 3:
list of unclaimed rights
STep 1:
summons
Step 3:
list of unclaimed rights
State Engineer Actions
Your Actions
The State Engineer is required to give notice of further proceedings to both the claimant and any attorney who has entered an appearance for that claimant.
If you have a water right, verify that your address is up to date on the State Engineer’s website to ensure you receive all future mailings.
Insider Tip
Failure to timely file a claim can result in an order from the court declaring that you have no right to use the water.
Claims can be submitted to the State Engineer's Office or to the district court in which the adjudication is taking place.
Irrigation companies should map out their current irrigation and provide it when they submit their claims.
Insider Tip
Your options at this stage will depend on a variety of factors—you should seek assistance from an attorney or the State Engineer's Office if you are unsure of your options.
step 3: list of unclaimed rights
State Engineer Actions
Your Actions
After the time for filing water users’ claims has closed, the State Engineer will publish a List of Unclaimed Rights of Record (“LUR”) that lists each water right that already appears on the State Engineer’s records for which a statement of claim was not timely filed.
Review the LUR to determine whether your water right of record appears on the list. If it does, you may want to consider filing an objection with the district court. All of the water rights on the LUR for which no objections are filed will be abandoned by the court.
Insider Tip
Insider Tip: When you receive notice of the LUR, the actual list will not be included. You can access the list for free online, or can copy the list at the State Engineer's Office for a fee.
Objections must comply with Utah Code 73-4-9.5.
After an objection, if the Court determines that the claimaint's failure to timely file a claim is excused, the State Engineer will evaluate the water right in the proposed determination.
list of unclaimed rights of record
If a claimant fails to file a timely claim:
If you fail to file a timely claim for a right of record, the right will be placed on the List of Unclaimed Rights of Record. Claimants and property owners will get notice of the List of Unclaimed Rights.
If no objections are filed, the unclaimed rights on the List will be judged abandoned by the Court.
If after an objection, the Court determines that the claimant's failure to timely file is excused, the State Engineer will evaluate the water right in the proposed determination.
Insider Tip: When you receive notice of the List of Unclaimed Rights, the actual list will not be included. You can access the list online or copy the list at the State Engineer’s Office for a fee. Once you can review the list, you should verify that your water right of record does not appear on the list. If it does, you may want to consider filing an objection with the Courts of Unclaimed Rights of Record.
step 4: proposed determination
STep 2:
claim filing
The State Engineer mails notice of the LUR to all potential claimants in the adjudication boundary.
If you are participating in an objection proceeding before the Special Master, he or she will enter a scheduling order that governs discovery and motion practice. The scheduling order must be followed, or you risk having your objection dismissed.
Insider Tip
It is possible to resolve objections without proceeding through an entire court case. If the objector, the State Engineer, and any affected parties who have opted to participate can agree on a resolution, they can enter into a stipulation to resolve the objection and file a motion to dismiss the objection with the district court.
Insider Tip
Because objection proceedings are court proceedings, it is advisable to have an attorney representing you throughout the objection process.
melissa reynolds
associate
T. 801.799.5875
Send Email
View Full Bio
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
ACCEPT
decline
Melissa draws from her experience with government agencies to counsel clients on enforcement and compliance issues involving natural resources, with an emphasis on water quality and water rights. Prior to joining Holland & Hart, Melissa worked for the Utah Attorney General’s Office: Natural Resources Division, where she acted as general counsel to the State Engineer and developed a comprehensive understanding of Utah's water rights statutes. Melissa employs her first-hand knowledge of state statutes to provide legal service to a variety of clients navigating complex water rights issues.
jody williams
partner
T. 801.799.5965
Send Email
View Full Bio
Jody helps clients navigate the complexities of doing business in the Mountain West, with a special focus on, and a national reputation for, water law.
Jody understands the complex, competing demands for water across the region and the political, economic, and social contexts in which disputes arise. Her clients include industrial, commercial, and residential developers; water conservancy districts; energy and mining companies; ranchers; and water companies.
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
ACCEPT
decline
steven vuyovich
of counsel
T. 801.799.5966
Send Email
View Full Bio
Steve helps clients resolve complex water rights issues so that they can achieve their business goals. He counsels a variety of clients on evaluating, buying, selling, changing, protecting, and transferring water rights.
As a ranch owner and former operator of a commercial cattle operation in eastern Oregon, he has a hands-on understanding of the critical land and water issues facing many of his clients throughout the West.
Unless you are a current client of Holland & Hart LLP, please do not send any confidential information by email. If you are not a current client and send an email to an individual at Holland & Hart LLP, you acknowledge that we have no obligation to maintain the confidentiality of any information you submit to us, unless we have already agreed to represent you or we later agree to do so. Thus, we may represent a party adverse to you, even if the information you submit to us could be used against you in a matter, and even if you submitted it in a good faith effort to retain us.
ACCEPT
decline
resources
Insider Tip
State Engineer Actions
Your Actions
Failure to timely file a claim can result in an order from the court declaring that you have no right to use the water.
Claims can be submitted to the State Engineer's Office or to the district court in which the adjudication is taking place.
Irrigation companies should map out their current irrigation and provide it when they submit their claims.
Insider Tip
Your options at this stage will depend on a variety of factors—you should seek assistance from an attorney or the State Engineer's Office if you are unsure of your options.
Insider Tip
State Engineer Actions
Your Actions
When you receive notice of the LUR, the actual list will not be included. You can access the list for free online, or can copy the list at the State Engineer's Office for a fee.
Insider Tip
State Engineer Actions
Your Actions
When you receive notice of completion of the proposed determination, the actual proposed determination will not be included. You can access the proposed determination for free online, or can copy it at the State Engineer’s Office for a fee.
Insider Tip
Because objection proceedings are court proceedings, it is advisable to have an attorney representing you throughout the objection process.
Insider Tip
It is possible to resolve objections without proceeding through an entire court case. If the objector, the State Engineer, and any affected parties who have opted to participate can agree on a resolution, they can enter into a stipulation to resolve the objection and file a motion to dismiss the objection with the district court.
Insider Tip