Utah Code » Title 73, Chapter 3 — Appropriation
Utah Code

Utah Code § 73-3-7 (2026)

Protests

✓ current as of May 2026
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Subject to Subsection (2), a person interested may file a protest with the state engineer:
within 20 days after the notice is published, if the adjudicative proceeding is informal; and
within 30 days after the notice is published, if the adjudicative proceeding is formal.
The state engineer shall:
consider a protest only to the extent the protest addresses a basis for which the state engineer may approve or reject the application; and
approve or reject the application.
Notes of Decisions
Cited in 12 cases, 1989–2020 · 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 5× “statutes in chapter 3 of title 73, Utah Code Ann. § 73-3-7 , § 73-3-13, and § 73-3-14.”
Washington Cnty. Water Conservancy Dist. v. Morgan, 2003 UT 58 (Utah 2003). · cites it 4× “DID THE WASHINGTON COUNTY WATER CONSERVANCY DISTRICT OBTAIN STANDING BY VIRTUE OF ITS PARTICIPATION IN THE CHANGE APPLICATION PROCEEDINGS BEFORE THE STATE ENGINEER? $11 When a change application is filed with the state engineer, section 73-3-7(1) of the Utah Code permits "any…”
Haik v. Jones, 2018 UT 39 (Utah 2018). · cites it 2× “at ¶¶ 11-14 (explaining that a party's standing to sue under Utah Code section 73-3-7(1)"is a question of statutory interpretation"; concluding that there is "nothing in the statutory framework to suggest a legislative attempt to grant a right of judicial review to those who can…”
Rocky Ford v. Kents Lake, 2020 UT 47 (Utah 2020). · cites it 2× “§ 73-3-7 (1953). The State Engineer reviews impairment claims and approves a change application if there is “reason to believe” that the approval will not impair vested water rights.”
Prisbrey v. Bloomington Water Co., 2003 UT 56 (Utah 2003). · cites it 4× “Utah Code Ann. § 73-3-7 (1)(a) (b) (Supp.”
Nephi City v. Hansen, 779 P.2d 673 (Utah 1989). · cites it 2× “See Utah Code Ann. § 73-3-7 (1980) (amended 1987 & 1988).”
Badger v. Brooklyn Canal Co., 922 P.2d 745 (Utah 1996). · cites it 2× “Utah Code Ann. § 73-3-7 , at the time the change application was submitted, provided as follows: (1) Any person interested may, at any time within 30 days after notice is published, file a protest with Ae State Engineer.”
In the Matter of Gen. Determination of Rights to the Use of Water, 2008 UT 25 (Utah 2008). · cites it 2× “See Utah Code Ann. § 73-3-7 (Supp.2007). Challenges to a proposed determination by the State Engineer, like those *364 filed by Kaiser Steel, are styled as objections.”
Taylor-west Weber Water Improvement v. Olds, 2009 UT 86 (Utah 2009). · cites it 2× “Although Roy City filed a protest, which the state engineer considered when it granted the water right to TWW, the protest was filed over six months after the twenty-day filing deadline to become a party to the adjudication under Utah Administrative Rule 655-6-3 and Utah Code…”
Longley v. Leucadia Fin. Corp., 960 P.2d 907 (Utah Ct. App. 1998). · cites it 4× “More recently, the supreme court noted that a section 73-3-7 application protest does not create in any “interested” person a vested right to protest and subsequent entitlement to appeal.”
Rocky Ford v. Kents Lake, 2019 UT 31 (Utah 2019). “§ 73-3-7 (1953). As contracted for in the Agreement, Kents Lake applied for a changed use to convert part of its direct flow rights into a hybrid direct-storage right.”
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). “§ 73-3-7(1), and UAC, as SITLA's lessee, could then likely have "piggybacked" on STITLA's protest.”
— Utah Code § 73-3-7(1) — 3 cases
Washington Cnty. Water Conservancy Dist. v. Morgan, 2003 UT 58 (Utah 2003). “DID THE WASHINGTON COUNTY WATER CONSERVANCY DISTRICT OBTAIN STANDING BY VIRTUE OF ITS PARTICIPATION IN THE CHANGE APPLICATION PROCEEDINGS BEFORE THE STATE ENGINEER? $11 When a change application is filed with the state engineer, section 73-3-7(1) of the Utah Code permits "any…”
Haik v. Jones, 2018 UT 39 (Utah 2018). “at ¶¶ 11-14 (explaining that a party's standing to sue under Utah Code section 73-3-7(1)"is a question of statutory interpretation"; concluding that there is "nothing in the statutory framework to suggest a legislative attempt to grant a right of judicial review to those who can…”
Utah Alunite Corp. v. Jones, 2016 UT App 11 (Utah Ct. App. 2016). “§ 73-3-7(1), and UAC, as SITLA's lessee, could then likely have "piggybacked" on STITLA's protest.”
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