Section 41-4-315 – Others Contesting Rights of Original Claimants; Duty of Superintendent to Transmit Evidence and Testimony to Board of Control; Issuance and Costs of New Certificate.
41-4-315. Others contesting rights of original claimants; duty of superintendent to transmit evidence and testimony to board of control; issuance and costs of new certificate. (a) Upon the completion of the testimony and evidence taken in contests initiated under the provisions of this act, it shall be the duty of the superintendent to transmit all […]
Section 41-4-316 – Examination and Measurement of Capacity of Streams and Works Diverting Water; Maps or Plats.
41-4-316. Examination and measurement of capacity of streams and works diverting water; maps or plats. It shall be the duty of the state engineer or some qualified assistant, to proceed at the time specified in the notice to the parties on said stream, to be adjudicated, to make an examination of said stream, and the […]
Section 41-4-305 – Notice; Enclosure of Form for Statement by Claimant; Contents.
41-4-305. Notice; enclosure of form for statement by claimant; contents. (a) Said division superintendent shall, in addition, enclose with said notice a blank form on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; […]
Section 41-4-306 – Notice; Statements to Be Under Oath; Administering.
41-4-306. Notice; statements to be under oath; administering. Each of said claimants shall be required to certify to his statements under oath, and the superintendent of the water division in which the testimony is taken is hereby authorized to administer such oaths, which shall be done without charge to the claimant, as also shall be […]
Section 41-4-307 – Notice; Payment of Printing Costs.
41-4-307. Notice; payment of printing costs. All bills for the printing of notices to claimants of water in the adjudications provided for in this act shall be paid for by the secretary of the state board of control.
Section 41-4-308 – Taking of Testimony Generally; Taking of Proof.
41-4-308. Taking of testimony generally; taking of proof. Upon the date named in the notice provided for in the preceding sections, the division superintendent shall begin the taking of testimony and shall continue until the testimony shall be completed; provided, that in case the division superintendent of any water division is directly or indirectly interested […]
Section 41-4-309 – Notice on Completion of Testimony; Inspection of Evidence.
41-4-309. Notice on completion of testimony; inspection of evidence. Upon the completion of the taking of evidence by the division superintendent, it shall be his duty to at once give notice, in one (1) issue of some newspaper of general circulation in the county where such determination is, and by registered mail to the various […]
Section 41-4-310 – Duty of Claimants to Appear; Failure to Comply; Time Limits for Appearance; Rights of Claimant Not Notified of Adjudication.
41-4-310. Duty of claimants to appear; failure to comply; time limits for appearance; rights of claimant not notified of adjudication. Whenever the state board of control shall, as provided by law, proceed to adjudicate and determine the rights of the various claimants to the use of water upon any stream or other body of water, […]
Section 41-4-302 – Notice; by Publication; Contents; Taking of Testimony; Adjournment of Hearings Generally.
41-4-302. Notice; by publication; contents; taking of testimony; adjournment of hearings generally. The said board shall prepare a notice, setting forth the date when the engineer will begin a measurement of the stream, and the ditches diverting the water therefrom, and a place, and a day certain, when the superintendent of the water division in […]
Section 41-4-303 – Notice; by Mail to Claimants.
41-4-303. Notice; by mail to claimants. It shall also be the duty of said division superintendent to mail to each party having a recorded claim to waters of said stream, by registered mail, a similar notice setting forth the date when the state engineer, or his assistant, will begin the examination of the stream and […]