Wednesday, August 5, 2015

Proposed Appointment of a Special Master in General Adjudication

Recently, the Utah Division of Water Rights has asked the Third District Court to appoint a Special Master in the Utah Lake and Jordan River General Adjudication.  A Special Master is a person appointed by the court to take specific action on behalf of the court.  In the General Adjudication, the Division is asking to have a Special Master assist with resolving objections filed on the various Proposed Determinations in the General Adjudication.  The appointment of a Special Master in a General Adjudication is something that is new in Utah.  The proposal to appoint a Special Master is currently being advertised, and interested parties can file an opposition with the court.

Additional information, including the court pleadings, regarding the proposal to appoint a Special Master are available here.  The notice that was published is included below.

NOTICE TO WATER USERS OF MOTION TO APPOINT A MASTER IN THE UTAH LAKE AND JORDAN RIVER GENERAL DETERMINATION OF WATER RIGHTS.
A motion to appoint a master pursuant to Utah Rule of Civil Procedure 53 has been filed: IN THE MATTER OF THE GENERAL DETERMINATION OF RIGHTS TO THE USE OF WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE DRAINAGE AREA OF THE UTAH LAKE AND JORDAN RIVER IN UTAH, SALT LAKE, DAVIS, SUMMIT, WASATCH, SANPETE, AND JUAB COUNTIES IN UTAH. This action is pending in the Third Judicial District in and for Salt Lake County, State of Utah, Civil No. 360057298. The Division of Water Rights (State Engineer’s Office) has filed a motion to appoint a master pursuant to Utah Rule of Civil Procedure 53. Parties may obtain a copy of the motion and associated documents at www.waterrights.utah.gov/miscinfo/currentIssues.asp or on file with the 3rd District Court. Opposing memoranda are due within 30 days of the last date of publication of the notice; replies to opposing memoranda are due within 30 days of the final date for filing opposing memoranda. The Court has set a hearing on the motion on October 19, 2015 at 1:30 PM located at 450 South State Street Salt Lake City, UT 84114-1860, in room S32. For more information please contact the Utah Division of Water Rights at 801-538-7240 or the Attorney General’s Office at 801-538-7227.

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