§ 73-4-9 — Failure to file a statement of claim.

(1) The filing of each statement of claim shall be considered notice to all persons of the claim of the party making the same, and failing to make and deliver such statement of claim to the state engineer or the district court within the time prescribed by Section 73-4-5, or as extended pursuant to Section 73-4-10, shall be considered evidence of an intent to abandon the right.
(2) If a claimant fails to timely file a statement of claim, as provided in this chapter, for a right not of record in the state engineer's office, the claimant is forever barred and estopped from subsequently asserting the unclaimed right.
(3) If the state engineer receives an untimely statement of claim, the state engineer shall return the claim to the claimant without further action.
(4) If an untimely statement of claim is filed with the court, the state engineer shall take no further action unless a claimant's failure to file a timely claim is excused pursuant to Subsection 73-4-9.5(3).
(5) Subsections (3) and (4) apply whether the untimely claim is asserted pursuant to Section 73-4-5 or 73-5-13.

Legislative History

Amended by Chapter 348, 2018 General Session