Utah Admin. Code 655-6-5

Current through Bulletin No. 2024-21, November 1, 2024

Section R655-6-5 - Commencement of Proceedings

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.

Utah Admin. Code R655-6-5