ARTICLE 9. Hearing and Decree of Court [2750. - 2774.]

Heading of Article 9 renumbered from Article 10 by Stats. 1965, Ch. 53.

§§ 2750–2774 · 26 sections

§ 2750 As soon as practicable after adoption of the order of determination, issuance of an order on reconsideration, or issuance of an order denying reconsideration,…
§ 2751 Upon the filing of the certified copy of the order of determination and the evidence and transcript, the board shall procure an order from the court setting a…
§ 2752 The clerk of the court shall immediately furnish the board with a certified copy of the order setting the time for hearing.
§ 2753 Upon receiving the certified copy of the order setting the time for hearing, the board shall immediately mail a copy of the order by registered mail to each…
§ 2754 The board shall cause the order to be published at least once a week for four consecutive weeks in some newspaper of general circulation published in each…
§ 2755 The board shall file with the clerk of the court proof of service by registered mail and by publication.
§ 2756 Service by registered mail and by publication shall be deemed full and sufficient notice to all parties in interest of the date and purpose of the hearing.
§ 2757 At least 10 days prior to the day set for hearing, each party in interest who is aggrieved or dissatisfied with the order of determination may file with the…
§ 2758 The notice of exceptions shall state briefly the exceptions taken, the reasons therefor, and the prayer for relief.
§ 2759 A copy of each notice of exception shall be sent by registered mail at least 10 days prior to the hearing to the board and to each person who was an adverse…
§ 2760 The order of determination, the statements or claims of claimants, and the exceptions made to the order of determination constitute the pleadings.
§ 2761 The court may allow such additional or amended pleadings as may be necessary to a final determination of the proceeding.
§ 2762 If no exceptions are filed, then on the day set for the hearing, on motion of the board, the court shall enter a decree affirming the order of determination.
§ 2763 On the day set for hearing all parties in interest who have filed notices of exceptions shall appear in person, or by counsel, and the court shall hear the…
§ 2763.5 (a) No exception to the order of determination shall be considered, except in the court’s discretion for good cause shown, unless the matter of the exception…
§ 2764 All proceedings on the hearing shall be as nearly as may be in accordance with the rules governing civil actions.
§ 2765 Whenever in the judgment of the court the State is a necessary party to the action, the court shall make an order to that effect and thereupon a copy of all…
§ 2766 For further information on any subject in controversy the court may employ one or more qualified persons to investigate and report thereon under oath, subject…
§ 2767 The court may take additional evidence on any issue and may, if necessary, refer the case for such further evidence to be taken by the board as the court may…
§ 2768 After the hearing, the court shall enter a decree determining the right of all persons involved in the proceeding.
§ 2769 The decree shall in every case declare as to the water right adjudged to each party, the priority, amount, season of use, purpose of use, point of diversion,…
§ 2770 Upon the hearing the court may assess and adjudge against any party such costs as it may deem just.
§ 2771 Appeals from the decree may be taken by the board or any party in interest, in the same manner and with the same effect as in civil cases.
§ 2772 A certified copy of the decree shall be prepared by the clerk of the court, without charge, and filed for record in the office of the county recorder of each…
§ 2773 The decree is conclusive as to the rights of all existing claimants upon the stream system lawfully embraced in the determination.
§ 2774 When a decree has been entered, any claimant who has failed to appear and submit proof of his claim as provided in this chapter shall be barred and estopped…