§ 41-4-308 — Taking of testimony generally; taking of proof

Upon the date named in the notice provided for in the preceding
sections, the division superintendent shall begin the taking of
testimony and shall continue until the testimony shall be
completed; provided, that in case the division superintendent of
any water division is directly or indirectly interested in the
water of any stream of his division, or is prevented by illness
or other disability from the taking of the proofs, the taking of
evidence so far as relates to the stream shall be under the
direction of the division superintendent of the next nearest
water division or under the direct personal supervision of the
state engineer, as may be deemed by the engineer the most
expedient. Provided, that in the taking of proofs of
appropriation of water made under a permit issued by the state
engineer, the permits having been issued subsequent to the
adjudication of the waters of the stream from which the
appropriation is made, the superintendent may, in his
discretion, authorize the water commissioner of the district in
which the appropriation is made to take the proofs. Upon the
taking of the proofs so ordered the water commissioner shall at
once forward them to the division superintendent. The water
commissioner shall take no proofs except those specifically
ordered by the division superintendent. Provided that in the
taking of proofs of appropriation of water made under a permit
issued by the state engineer subsequent to the adjudication of
the water of the stream from which the appropriation is made,
the superintendent may, in his discretion authorize the water
commissioner of the district in which the appropriation is made
to take the proofs. Upon the taking of the proofs so ordered the
water commissioner shall at once forward them to the division
superintendent. The water commissioner shall take no proofs
except those specifically ordered by the division
superintendent.