Utah Code § 73-2-28 : — WATER AND IRRIGATIONSTATE ENGINEER - DIVISION OF WATER RIGHTS —2-28 - Costs and fees in civil actions TEXT PDF The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought: (1) under Section 73-1-14; (2) under Section 73-1-15; (3) for injuries caused by a diversion of water for which no water right has been established; (4) for injuries caused by a diversion of water in violation of an existing water right; or (5) for injuries caused by a violation of a written distribution order from the state engineer. Utah Code § 73-2-28 Enacted by Chapter 33, 2005 General Session.