CHAPTER 1. Reference by Courts of This State [2000. - 2048.]

Chapter 1 enacted by Stats. 1943, Ch. 368.

§§ 2000–2048 · 22 sections

1. ARTICLE 1. Subjects of Reference §§ 2000–2001 · 2 sections

   • § 2000 In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may order a reference to the board, as…
   • § 2001 In any suit brought in any court of competent jurisdiction in this State for determination of rights to water, the court may refer the suit to the board for…
2. ARTICLE 2. Report of Referee §§ 2010–2021 · 12 sections

   • § 2010 The board may base its report solely upon its own investigations or in addition thereto may hold hearings and take testimony.
   • § 2011 The report of the board as referee may contain such opinion upon the law and the facts as it deems proper in view of the issues submitted.
   • § 2012 The report shall set forth such findings of fact and conclusions of law as may be required by the court’s order of reference.
   • § 2013 Before filing its report the board shall announce it in the form of a draft.
   • § 2014 The board shall mail notice of the draft, together with a copy of the draft, to the parties or their attorneys.
   • § 2015 Within 30 days after the date of the mailing of the draft, or within such further time as the court may for good cause allow, any party may file objections to…
   • § 2016 After the objections have been considered by the board or a hearing has been held thereon if deemed advisable by it, the board shall file its report as referee…
   • § 2017 The report of the board as referee is subject to review by the court upon exceptions thereto filed with the clerk of the court within 30 days after date of…
   • § 2018 No exception to the report shall be considered, except in the court’s discretion or for good cause shown, unless it appears that the matter of the exception…
   • § 2019 The report filed by the board is prima facie evidence of the physical facts therein found; but the court shall hear such evidence as may be offered by any…
   • § 2020 (a) At any time after filing of the report by the board as provided in Section 2016 the board, if it appears that underground water is being pumped in an…
   • § 2021 Where a preliminary injunction has been granted pursuant to Section 2020, the final judgment shall equitably compensate in quantities of water for such…
3. ARTICLE 3. Expenses of Reference §§ 2040–2048 · 8 sections

   • § 2040 In acting pursuant to this chapter the board shall not be entitled to any fee for its services but shall be paid or reimbursed the total expense incurred by…
   • § 2041 If the funds available for use by the board are inadequate to permit it to advance the expense of a reference, or if in its opinion the payment of the expense…
   • § 2042 During the pendency of any reference, upon motion of the board and upon a hearing by the court after at least 10 days’ notice to the parties, the court may…
   • § 2043 The total expense shall be equitably apportioned by the board against the parties to the suit, and a statement thereof and of the apportionment shall be sent…
   • § 2045 Upon application in writing by any party aggrieved within 30 days after the statement of final expense and its apportionment has been mailed to the parties,…
   • § 2046 Any party failing to object to the expense of a reference or the apportionment thereof is conclusively deemed to have waived all objection thereto.
   • § 2047 If no objection is filed with the court within the prescribed period, the court upon ex parte application of the board shall enter a judgment against the…
   • § 2048 Upon the hearing of objections to the expense or the apportionment thereof the court shall determine the expense and its apportionment as the court deems…