(1) A person aggrieved by a distribution management plan may challenge any aspect of the distribution management plan by filing a complaint within 60 days after the distribution management plan takes effect in a court with jurisdiction: (a) under Title 78A, Judiciary and Judicial Administration; and (b) notwithstanding Title 78B, Chapter 3a, Venue for Civil Actions, over a geographic area bordering the Great Salt Lake. (2) In an action filed under this section, a court shall review de novo the distribution management plan. (3) A person challenging a distribution management plan under this section shall join the state engineer as a defendant in that action. (4) (a) No later than 30 days after the day on which a person files an action challenging any aspect of a distribution management plan, the person filing the action shall publish notice of the action: (i) once a week for two consecutive weeks in a newspaper of general circulation in the county in which the court is located; and (ii) for two weeks in accordance with Section 45-1-101. (b) The notice required by Subsection (4)(a) shall: (i) identify the distribution management plan that the person is challenging; (ii) identify the case number assigned by the court; (iii) state that a person affected by the distribution management plan may petition the court to intervene in the action challenging the distribution management plan; and (iv) list the address of the clerk of the court in which the action is filed. (c) A person affected by a distribution management plan that is being challenged under this section may petition to intervene in the action in accordance with Utah Rules of Civil Procedure, Rule 24.
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