State engineer's duty to search records for and serve summons on claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants.
State engineer's duty to search records for and serve summons on claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants.
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(1) The state engineer, throughout the pendency of proceedings, shall serve summons in the manner prescribed by Section 73-4-4 upon all claimants to the use of water in the described source embraced by said action, whenever the names and addresses of said persons come to the attention of the state engineer.
(2) Immediately after the notice of the list of unclaimed rights of record is given, in accordance with Section 73-4-9.5 hereof, the state engineer shall diligently search for the names and addresses of any claimants to water in the source covered by the general adjudication area, division, or subdivision who have not been previously served with summons other than by publication, and shall serve summons on any such persons located.
(3)
(a) After the state engineer has exhausted the search for other claimants, as described in Subsection (2), the state engineer shall:
(i) make such fact known to the district court by affidavit; and
(ii) in accordance with Subsection (3)(b), publish summons five times, once each week, for five successive weeks.
(b) A summons described in Subsection (3)(a)(ii) shall be substantially in the following form: "In the District Court of .......... County, State of Utah, in the matter of the general adjudication of water rights in the described water source. SUMMONS The State of Utah to the said defendant: You are hereby summoned in the above entitled action, which is brought for the purpose of making a general determination of the water rights of the described water source. Upon the service of this summons on you, you will thereafter be subject to the jurisdiction of the entitled court and, if you have or intend to claim a water right, it shall be your duty to follow further proceedings in the above entitled action and to defend and protect your water rights therein. If you have not been served with summons other than by publication in a newspaper and you claim a water right for which you have not previously filed a statement of claim, you must file a statement of claim in accordance with Section 73-4-5 in this action setting forth the nature of your claim within 90 days after the last date of publication of this summons. Your failure to do so will constitute a default in the premises and a judgment may be entered against you declaring and adjudging that you have forfeited all rights to the use of water within the described water source and that you are forever barred and estopped from subsequently asserting any right to the use of water not claimed."
(4) An unknown claimant who has not been served with a summons other than by publication in a newspaper and has or intends to claim a water right, shall file a statement of claim in accordance with Section 73-4-5 within 90 days after the last day on which a summons is published as described in Subsection (3)(a)(ii).
(5) Service of the published summons described in Subsection (3)(a)(ii) is binding on all unknown claimants.