73-5-14. Determination by the state engineer of watershed to which particular
source is tributary -- Publications of notice and result -- Hearing -- Judicial review.
(1) The state engineer shall have the power to determine for administrative and
distribution purposes the watershed to which any particular stream or source of water is tributary.
(2) Said determination may be made only after publication of notice to the water users.
(3) Said publication of notice shall be made:
(a) in a newspaper or newspapers having general circulation in every county in this state
in which any rights might be affected once each week for five consecutive weeks; and
(b) in accordance with Section 45-1-101 for five weeks.
(4) It shall fix the date and place of hearing and at said hearing any water user shall be
given an opportunity to appear and adduce evidence material to the determination of the question
involved.
(5) The result of said determination by the state engineer shall likewise be published in
the manner set forth above and said notice of the decision of the state engineer shall also notify
the public that any person aggrieved by said decision may appeal from said decision as provided
by Section 73-3-14; and notice shall be deemed to have been given so as to start the time for
appeal upon completion of the publication of notice.
Amended by Chapter 388, 2009 General Session
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Last revised: Thursday, May 28, 2009