73-4-24. Dispute involving rights of less than all parties to general suit -- Petition --
Notice -- Hearing and determination -- Interlocutory decree.
If, during the pendency of a general adjudication suit, there shall be a dispute involving
the water rights of less than all of the parties to such suit, any interested party may petition the
district court in which the general adjudication suit is pending to hear and determine said dispute.
All persons who have a direct interest in said dispute shall be given such notice as is required by
order of the district court and in addition thereto the district court shall require that notice of the
initial hearing on said dispute be given by publication at least once each week for two successive
weeks in newspapers reasonably calculated to give notice to all water users on the system.
Thereafter the court may hear and determine the dispute and may enter an interlocutory decree to
control the rights of the parties, unless modified or reversed on appeal, until the final decree in the
general adjudication suit is entered. At that time the district court may after hearing make such
modifications in the interlocutory decree as are necessary to fit it into the final decree without
conflict.
No Change Since 1953
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Last revised: Thursday, May 28, 2009