Utah Code

Utah Code § 73-3-13 (2026)

Protests -- Procedure

✓ current as of May 2026

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Any other applicant, or any user of water from any river system or water source may file a request for agency action with the state engineer alleging that such work is not being diligently prosecuted to completion.

Upon receipt of the request for agency action, the state engineer shall give the applicant notice and hold an adjudicative proceeding.

If diligence is not shown by the applicant, the state engineer may declare the application and all rights under it forfeited.

Notes of Decisions

Cited in 2 cases, 1969–1989 · leading case: Bonham v. Morgan, 788 P.2d 497 (Utah 1989).

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Bonham v. Morgan, 788 P.2d 497 (Utah 1989). · cites it 3× “§ 73-3-7 , § 73-3-13, and § 73-3-14. Section 73-3-7 permits “any person interested,” not just a water user or an owner of vested rights, to protest the granting of an application under title 73 — ergo, for appropriation or change — “which shall be duly considered by the state…”

Wayman v. Murray City Corp., 458 P.2d 861 (Utah 1969). · cites it 2× “73-4-11, 73-2-5 and 73-5-1; and Section 73-3-13 provides that where protests are made as to the use of water the State Engineer is authorized to hear, determine and make appropriate orders with respect thereto; and see Sec.”

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