1. (1)

   1. (a) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with Title 63G, Chapter 4, Administrative Procedures Act, and this section.
   2. (b) A person is aggrieved by an order of the state engineer approving or rejecting an application under Section 73-3-8 only if the person has suffered or will suffer a particularized injury from an action taken by the state engineer in accordance with Section 73-3-8.
   3. (c) Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.
2. (2) A person who files a petition of judicial review shall join the state engineer as a respondent in a petition to review the state engineer's decision, but a court may not award a judgment for costs or expenses of the litigation against the state engineer.

3. (3) A person who files a petition for judicial review as authorized in this section shall:

   1. (a) name the state engineer as a respondent; and

   2. (b) provide written notice in accordance with Subsection (5) to each person who filed a protest in accordance with Section 73-3-7 of:

      1. (i) the filing of the petition for judicial review; and
      2. (ii) the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.

4. (4) In addition to complying with Subsection (3), a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person:

   1. (a) who requested the adjudicative proceeding; or
   2. (b) against whom the state engineer brought the adjudicative proceeding.

5. (5) A written notice required by this section shall:

   1. (a) be mailed:

      1. (i) within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and
      2. (ii) to the address on record with the state engineer's office at the time the order is issued; and

   2. (b) include:

      1. (i) a copy of the petition; and
      2. (ii) the address of the court in which the petition is pending.

6. (6) If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon:

   1. (a) the motion of a party;

   2. (b) the special appearance of a person who:

      1. (i) participated in the adjudicative proceeding; and
      2. (ii) is not a party; or
   3. (c) the court's own motion.

7. (7) A person who files a petition for judicial review is not required to:

   1. (a) notwithstanding Subsection 63G-4-401(3)(b), name a respondent that is not required by this section; and
   2. (b) notwithstanding Subsection 63G-4-402(2)(a)(iv), identify all parties to the adjudicative proceeding.

Amended by Chapter 296, 2026 General Session