General Adjudication Information

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General Water Rights Adjudications are a critical piece of the statewide program to create and maintain a complete record of water rights.  The water rights adjudication process helps to bring order and certainty to the water rights record throughout the state by defining existing rights, quantifying unknown rights, and removing unused and abandoned rights from the record through judicial decree.  Under the direction of the district court, the State Engineer provides notice to all potential water right claimants to submit claims, publishes and files a List of Unclaimed Rights with the district court, evaluates filed water user's claims, prepares a hydrographic survey map, and then prepares and files a Proposed Determination of water rights in the district court.  Water users have the opportunity to contest the List of Unclaimed Rights and the Proposed Determination by filing an objection with the district court.  Objections must be resolved before the court can render a decree on either the List of Unclaimed Rights or the Proposed Determination.

All of the hydrologic areas within the State of Utah are currently involved in a court-ordered adjudication of water rights except the Weber River, Sevier River, and Green River drainages.  The water rights on the Sevier and Weber Rivers were adjudicated and decreed in the 1920's and 1930's.  The adjudications in most of the other areas of the state were started in the 1950's through the early 1970's.

Utah Code Title 73, Chapter 4 governs water right adjudications and defines the overall process.  The following summary of the adjudication process is for convenience only and is not meant to represent the entirety of requirements, obligations, or limits of the statute.  As such, it should not be used as a substitute for consultation with professional legal counsel or other competent advisers.

  1. Petition or Court Order: The water rights adjudication process is typically initiated one of two ways. Water users may petition the State Engineer to file an action in the respective district court to initiate an adjudication; alternatively, a suit involving several water rights might be converted into a general water rights adjudication by the court. This has already occurred within each of the 15 major drainages in the State of Utah. (Utah Code 73-4-1)

  2. General Notice: For each area, division, or subdivision, the State Engineer publishes notice in a newspaper designated by the court once a week for two consecutive weeks. The notice provides the name of the action, location of the court, and name of the water source involved. (UCA 73-4-3)

  3. Summons: For each area, division, or subdivision, the State Engineer serves a summons on potential claimants of record by mail. Summons is also published in a newspaper designated by the court once a week for five consecutive weeks. (Utah Code 73-4-4)

  4. First Public Meeting: The State Engineer holds a public meeting in the adjudication area, division, or subdivision to inform water right claimants about the process. (Utah Code 73-4-3)

  5. Notice to Submit Claims: After the initial public meeting, the State Engineer sends notice to claimants to file a statement of claim (i.e., water user's claim) along with a copy of the form or instructions on how to obtain one. (Utah Code 73-4-3)

  6. Claim Filing: Claimants have 90 days from the date of the notice in order to file a claim with the State Engineer or the respective district court. Claimants may request one 30-day extension by filing a written request with the State Engineer prior to the conclusion of the 90-day period. Claimants who fail to file a claim within the prescribed 90-day timeframe (or authorized extension) risk being prevented from asserting their claim in the future and having any unclaimed right deemed abandoned by the court. (Utah Code 73-4-3, 5, 9, and 10). If your water right is listed in the name of a previous owner, you should still file a claim (as a claimant) to protect your water right from being deemed abandoned. Later, update title to your water right. The title updating process is separate from adjudication.

  7. List of Unclaimed Rights: After the conclusion of the 90-day claim filing period (plus any extensions), a List of Unclaimed Rights is published and filed with the court to document water rights that exist on the records of the State Engineer for which no claim was filed. The List of Unclaimed Rights is meant to provide additional notice regarding existing rights that may be subject to being deemed abandoned by the court. The State Engineer sends notice to claimants that the List of Unclaimed Rights has been filed and instructions on how to obtain a copy of the list and their obligation to file an objection within 90 days if dissatisfied. (Utah Code 73-4-9.5)

  8. Second Public Meeting: After filing the List of Unclaimed Rights, the State Engineer holds a public meeting in the adjudication area, division, or subdivision to explain the List of Unclaimed Rights to the claimants. (Utah Code 73-4-9.5)

  9. Final Summons: Following the notice of the List of Unclaimed Rights, the State Engineer makes a final search for potential claimants and publishes summons in a newspaper designated by the court once a week for five consecutive weeks. (Utah Code 73-4-22)

  10. Objection Resolution & Decree: Individuals who disagree with the List of Unclaimed Rights have 90 days to file an objection and water user's claim with the court. They must also file a water user's claim with the State Engineer. Once objections (if any) are resolved, the court renders a decree on the List of Unclaimed Rights that: (1) identifies any rights to be removed from the list, (2) adjudges the unclaimed rights abandoned, and (3) prohibits future unknown claims from being asserted. (Utah Code 73-4-9.5)

  11. Proposed Determination: Once claimants have filed their respective water user's claims, the State Engineer evaluates and maps the claims and develops a Proposed Determination of water rights. Subsequent to the rendering of a decree on the List of Unclaimed Rights, the State Engineer files the Proposed Determination with the court and provides notice to claimants of how to view or obtain a copy of it and their obligation to file an objection within 90 days if dissatisfied. The Proposed Determination represents the State Engineer's official recommendation to the court as to the status and nature of water rights within the respective boundary. (Utah Code 73-4-11)

  12. Public Meeting: After filing the Proposed Determination, the State Engineer holds a public meeting in the adjudication area, division, or subdivision to explain the Proposed Determination to the claimants. (Utah Code 73-4-11)

  13. Objection Resolution & Decree: Individuals who disagree with the Proposed Determination have 90 days to file an objection with the court. Once objections (if any) are resolved, the court renders a decree on the Proposed Determination. (Utah Code 73-4-12,15)

The Division of Water Rights is committed to helping water users navigate the water rights adjudication process and is available for public inquiry and assistance.

Resources:

Listed below are Decrees covering waters in the State of Utah. Click on a decree name to view documents associated with the decree.

Decrees By County

Decrees By River System

Decrees with Important Interpretive Impact on Utah Water Law

The Special Master is a Court-appointed official who presides over objection proceedings within the Utah Lake & Jordan River (ULJR) General Adjudication (Civil No. 360057298). On June 28, 2016, the 3rd District Court appointed Mr. Rick L. Knuth as the Special Master for the ULJR General Adjudication in order to facilitate the resolution of objections to a Proposed Determination or a List of Unclaimed Rights.

Special Master's Duties

The scope of the Special Master's duties is governed by the Order of Reference issued by the Court. His duties include:
  1. Actively managing objections by scheduling proceedings, notifying parties, holding status and settlement conferences, and holding hearings.
  2. Identifying affected parties to the objections.
  3. Taking evidence, overseeing discovery, ruling on procedural and substantive motions.
  4. Preparing a report and recommendation for each objection that contains his findings, conclusions, and recommendation.

Process Overview – Objections filed prior to June 28, 2016

  1. The State Engineer provides a service matrix to the Special Master that identifies the original objector and potential successors in interest to the objection.
  2. The Special Master sends “Notice and Order to Show Cause” to the objector (and potential successors) that indicates that they must file their “Notice of Intent to Proceed” with the Court within 35 days or risk having the Special Master recommend that the objection be dismissed.
  3. If an objector files a Notice of Intent to Proceed, the State Engineer will file an answer and identify any parties who might potentially be affected by the objection proceeding.
  4. Objectors are also required to disclose any parties who might potentially be affected by the objection proceeding.
  5. The Special Master sends a Notice of Objection Proceeding to the affected parties.
  6. Affected parties may choose to actively participate in the litigation once notified.
  7. Once the State Engineer has filed an answer and the potentially affected parties have been disclosed, the Special Master sets a scheduling conference that will govern further litigation of the objection proceeding.
  8. Upon conclusion of litigation (or settlement negotiations), the Special Master files a report and recommendation to the Court that outlines his findings, conclusions, and recommendation. Parties have 30 days to file an objection to the Special Master's report and recommendation before the Court makes a decision and dismisses the objection.

Process Overview – Objections filed subsequent to June 28, 2016

  1. Following an objection to a Proposed Determination, the Special Master sends three things to the Objector: (1) a copy of Standing Order No. 3; (2) a copy of the Court's Amended Order Appointing a Master and Order of Reference; and (3) an explanatory cover letter.
  2. The State Engineer files an Answer and identifies any parties who are potentially affected by the Objection proceeding.
  3. Within 14 days of the State Engineer's Answer and disclosure, the Objector must file a disclosure identifying any additional potentially affected parties.
  4. The Special Master sends a Notice of Objection Proceeding and Opportunity to be Heard to all potentially affected parties.
  5. Potentially affected parties have 49 days to file a notice with the Court indicating that they intend to participate in the Objection proceeding.
  6. After filing a notice indicating their intent to participate, affected parties have 35 days to file a pleading in response to the Objection, which sets forth the party's claims and defenses.
  7. The Special Master holds a scheduling conference after notifying all parties of the date, time, and location of the conference.
  8. The Special Master issues a Scheduling Order, which contains deadlines for discovery, settlement negotiations, dispositive motions, etc.
  9. Upon conclusion of litigation (or settlement negotiations), the Special Master files a Report and Recommendation with the Court that outlines his findings, conclusions, and recommendation. Parties have 30 days to file an objection to the Report and Recommendation before the Court makes a final decision.

Disclaimer: The information provided above is for informational purposes only and not to be used as a substitute for consultation with professional legal counsel.

Additional Resources:
NOTICE TO WATER USERS OF MOTION TO APPOINT A MASTER IN THE VIRGIN RIVER GENERAL DETERMINATION OF WATER RIGHTS.

A motion to appoint R.L. Knuth as Special Master pursuant to Utah Rule of Civil Procedure 53 has been filed in the case entitled IN THE MATTER OF THE GENERAL DETERMINATION OF RIGHTS TO THE USE OF WATER, BOTH SURFACE AND UNDERGROUND, WITHIN THE DRAINAGE AREA OF THE VIRGIN RIVER IN WASHINGTON, IRON, AND KANE COUNTIES IN UTAH. This action is pending in the Fifth Judicial District in and for Washington County, State of Utah, Civil No. 800507596. The Division of Water Rights, also known as the Office of the State Engineer, has filed a motion to appoint R.L. Knuth as Special Master pursuant to Utah Rule of Civil Procedure 53. Parties may obtain a copy of the motion and associated documents at https://waterrights.utah.gov/adjdinfo/default.asp, or on file with the Fifth District Court. A party may object to the appointment of any person as a master on the same grounds as a party may challenge for cause any prospective trial juror in the trial of a civil action. Utah Rule of Civil Procedure 53(f). Such objections are due within 30 days of the final date of publication of this 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 November 18, 2019 at 2:00 p.m. located at 206 West Tabernacle, St. George, Utah. 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.