Utah Administrative Code
Topic - Natural Resources
Title R655 - Natural Resources, Water Rights
Rule R655-6 - Administrative Procedures for Informal Proceedings Before the Division of Water Rights
Section R655-6-5 - Commencement of Proceedings
Universal Citation: UT Admin Code R 655-6-5
Current through Bulletin 2024-18, September 15, 2024
A. Proceedings Commenced by the Division.
1. All
informal adjudicative proceedings commenced by the Division shall be initiated
by a notice of agency action as provided by applicable statute, Division
policies, and Subsection
63G-4-201(2).
2. The Presiding Officer may require the
person against whom the agency action is commenced to file a response within 30
days of the mailing or publication date of the notice of agency
action.
B. Proceedings Commenced by Persons Other Than the Division.
1. All informal adjudicative proceedings
commenced by persons other than the Division shall be commenced by either
completing and submitting prepared forms requesting agency action which are
available at the Division or, if no forms are required to initiate a particular
proceeding, by submitting in writing a request for agency action which shall
include at least the following:
a. the names
and addresses of all persons to whom a copy of the request for agency action is
being sent;
b. the Division's file
number or other reference number, if known;
c. the date that the request for agency
action was mailed;
d. a statement
of the legal authority and jurisdiction under which agency action is
requested;
e. a statement of the
relief or action sought from the Division;
f. a statement of the facts and reasons
forming the basis for relief or agency action;
g. the name, address and telephone number of
the person requesting agency action;
h. the signature of the person requesting
agency action; and
i. any filing
fees required by statute.
2. For purposes of requests for agency action
filed pursuant to Title 73, the adjudicative proceeding commences on the date
the request is received by the Division and not on the date of
postmark.
3. Forms Requesting
Agency Action
The following forms requesting agency action shall be used by persons requesting a particular agency action and are available from the Division:
a. Application to
Appropriate Water
b. Temporary
Application to Appropriate Water
c.
Application for Permanent Change of Water
d. Application for Temporary Change of
Water
e. Application to Segregate a
Water Right
f. Request for
Reinstatement and Extension of Time
(i)
Before Fourteen Years
(ii) After
Fourteen Years
g. Proof
of Appropriation of Water
h. Proof
of Permanent Change of Water
i.
Application for Exchange of Water
j. Application for Extension of Time Within
Which to Resume Use of Water
k.
Proof of Resumption of Use of Water
l. Application to Renovate or Replace an
Existing Well
m. Application to
Construct a Dam Impounding Less Than 20 Acre-Feet
n. Application for Well Driller's
License
o. Permit Application to
Alter a Natural Channel
4. Upon receipt of a request for agency
action, the Presiding Officer shall promptly review the request and shall act
in accordance with Subsections
63G-4-201(3)(d) and (e).
5. Protests filed pursuant to Title 73,
Chapters 1, 2, 3, 5 and 6 shall be filed in accordance with the governing
statutes and these rules.
a. Protests should
be filed on letter-sized paper, typewritten and double-spaced, but may be
submitted in legible handwritten form. Protests should identify the water right
by water right number, state the complete mailing address of the protestant,
and should contain a clear, concise statement of the matter relied upon as the
basis for the protest, together with an appropriate request for relief. If the
name or address of the protestant is not legible, the Division shall not be
obligated to give the protestant notice of any further proceedings.
b. Protests signed by more than one person
shall be accepted. However, persons filing a multiple- person protest are
encouraged to designate a representative for the group of protestants who shall
receive all notices on behalf of all who signed the protest. If no
representative is designated, each person signing the protest shall be
considered a protestant, and shall receive notice of any further proceedings,
if their name, mailing address and phone number are clearly legible.
c. Upon the filing of a protest the Presiding
Officer shall mail a copy of the protest to the applicant. The applicant may
file with the Division an answer to the protest within the time designated by
the Presiding Officer. The Presiding Officer shall mail copies of any answer to
the protestant, or attorney or authorized representative, if any. The
protestant may file a response to the answer with the Division within the time
designated by the Presiding Officer. The Presiding Officer shall mail a copy of
the response to the applicant.
d.
Protests filed after the protest period has expired shall be placed on file and
become part of the record. Any person filing a late protest is not a party and
may receive notice of any further proceeding, hearing or order.
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