73-4-11. Report and recommendation by engineer to court -- Notice -- Public
meeting.
(1) Within 30 days after the expiration of the 90 days allowed for filing statements of
claims, the state engineer shall begin to tabulate the facts contained in the statements filed and to
investigate, whenever the state engineer shall consider necessary, the facts set forth in the
statements by reference to the surveys already made or by further surveys, and shall as
expeditiously as possible make a report to the court with the recommendation of how all rights
involved shall be determined.
(2) After full consideration of the statements of claims, and of the surveys, records, and
files, and after a personal examination of the river system or water source involved, if the
examination is considered necessary, the state engineer shall:
(a) formulate a report and a proposed determination of all rights to the use of the water of
the river system or water source;
(b) mail or deliver a copy of the report and proposed determination to each claimant with
notice that any claimant dissatisfied with the report and proposed determination may within 90
days from the date of mailing or delivery file with the clerk of the district court a written
objection verified on oath; and
(c) hold a public meeting in the area covered by the report and proposed determination to
describe the report and proposed determination to the claimants.
(3) The state engineer shall distribute the waters from the natural streams or other natural
sources:
(a) in accordance with the proposed determination or modification to the proposed
determination by court order until a final decree is rendered by the court; or
(b) if the right to the use of the waters has been decreed or adjudicated, in accordance
with the decree until the decree is reversed, modified, vacated, or otherwise legally set aside.
Amended by Chapter 365, 2009 General Session
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Last revised: Thursday, May 28, 2009