§ 73-4-12 — Judgment -- In absence of contest.

(1) If no contest on the part of any claimant shall have been filed, the court shall render a judgment in accordance with such proposed determination, which shall:

(1)(a) determine and establish the rights to the use of the water of said river system or water source; and
(1)(b) set forth:
(1)(b)(i) the name of the person entitled to the use of the water;
(1)(b)(ii) the quantity of water in acre-feet or the flow of water in second-feet;
(1)(b)(iii) the time during which the water is to be used each year;
(1)(b)(iv) the name of the stream or other source from which the water is diverted;
(1)(b)(v) the point on the stream or other source where the water is diverted;
(1)(b)(vi) the priority date of the right; and
(1)(b)(vii) any other matters as will fully and completely define the rights of said claimants to the use of the water.
(2) (2)(a) The state engineer may seek an interlocutory judgment from the court on the rights to the use of water described in the proposed determination to which no contest or objection is filed.
(2)(b) An interlocutory judgment entered by the court is binding on the state engineer and each claimant until a final judgment is entered under Section 73-4-15.

Legislative History

Amended by Chapter 71, 2022 General Session