US Lawyer Database

§ 45-271 – Definition of stockpond

45-271. Definition of stockpond In this article, unless the context otherwise requires, " stockpond" means a pond having a capacity of not more than fifteen acre feet that is used solely for watering livestock or wildlife. " Stockpond" shall not include a pond of any capacity used primarily for fishing or for the culturing of […]

§ 45-272 – Water rights in stockponds; priority

45-272. Water rights in stockponds; priority A. The owner of any stockpond constructed after June 12, 1919 and prior to August 27, 1977, the capacity of which is not in excess of fifteen acre-feet and concerning which water rights litigation or protest to the state land department was not a matter of record prior to […]

§ 45-273 – Claim of water right; penalty; fee

45-273. Claim of water right; penalty; fee A. A claim of water right for a stockpond and application for certification of such right shall be typewritten or legibly written in ink and filed in duplicate with the director upon a printed form furnished by the director. Each blank in the form shall be completed with […]

§ 45-274 – Notice of claims; protest; grounds; contents

45-274. Notice of claims; protest; grounds; contents A. The director shall issue and deliver a notice of each claim to water users who, in the judgment of the director, might be affected by the use of water as set forth in the claim. B. Any person affected may, within the time allowed in the notice […]

§ 45-275 – Investigation, hearing and certification of claims

45-275. Investigation, hearing and certification of claims A. Upon receipt of a claim, the director shall conduct such investigation as in the director’s judgment is necessary to certify the water right. Such investigation may include an inspection of the stockpond. B. When requested by a claimant or the protesting party, an administrative hearing shall be […]

§ 45-276 – Statement of continuing use; revocation of certification

45-276. Statement of continuing use; revocation of certification A. Once every five years, and at such other times as the director deems appropriate, the director shall require certificate holders to furnish a statement, under penalty of perjury, that the stockpond water is continuing to be used solely for watering livestock or wildlife, that the pond […]