73-3-14. Judicial review of state engineer order.
(1) A person aggrieved by an order of the state engineer may obtain judicial review in accordance with, and this section. Title 63G, Chapter 4, Administrative Procedures Act A person is aggrieved by an order of the state engineer approving or rejecting an application under Sectiononly if the person has suffered or will suffer a particularized injury from an action taken by the state engineer in accordance with Section. 73-3-8 73-3-8 Venue for judicial review of an informal adjudicative proceeding is in the county in which the water source or a portion of the water source is located.
(2) A person who files a petition of judicial review shall join the state engineer as a respondent in a petition to review the state engineer's decision, but a court may not award a judgment for costs or expenses of the litigation against the state engineer.
(3) A person who files a petition for judicial review as authorized in this section shall: name the state engineer as a respondent; and provide written notice in accordance with Subsectionto each person who filed a protest in accordance with Sectionof: (5) 73-3-7 the filing of the petition for judicial review; and the opportunity to intervene in accordance with Utah Rules of Civil Procedure, Rule 24.
(4) In addition to complying with Subsection, a protestant in the adjudicative proceeding who files a petition for judicial review shall also name as a respondent the person: (3) who requested the adjudicative proceeding; or against whom the state engineer brought the adjudicative proceeding.
(5) A written notice required by this section shall: be mailed: within the time provided for by Utah Rules of Civil Procedure, Rule 4(b); and to the address on record with the state engineer's office at the time the order is issued; and include: a copy of the petition; and the address of the court in which the petition is pending.
(6) If a person who files a petition for judicial review fails to provide notice as required by this section, the court shall dismiss the petition without prejudice upon: the motion of a party; the special appearance of a person who: participated in the adjudicative proceeding; and is not a party; or the court's own motion.
(7) A person who files a petition for judicial review is not required to: notwithstanding Subsection, name a respondent that is not required by this section; and 63G-4-401(3)(b) notwithstanding Subsection, identify all parties to the adjudicative proceeding. 63G-4-402(2)(a)(iv)