§ 41-4-310 — Duty of claimants to appear; failure to comply; time limits for appearance; rights of claimant not notified of adjudication

Whenever the state board of control shall, as provided by law,
proceed to adjudicate and determine the rights of the various
claimants to the use of water upon any stream or other body of
water, it shall be the duty of all claimants interested in such
stream or other body of water to appear and submit proof of
their respective appropriations, at the time and in the manner
required by law; and any such claimant who shall fail to appear
in such proceedings and submit proof of his appropriations shall
be barred and estopped from subsequently asserting any rights
theretofore acquired upon the stream or other body of water
embraced in such proceedings, and shall be held to have
forfeited all rights to the use of said stream theretofore
claimed by him. Provided, that any person claiming the right to
the use of water of any stream heretofore adjudicated by the
board of control who, having been or claiming to have been at
the time an appropriator therefrom, shall have failed to appear
and submit proof of his claim shall be permitted within one (1)
year after the passage of this act, but not thereafter, to apply
for a hearing and an adjudication of his rights in the manner
hereinafter provided; and provided, further, that any claimant
upon whom no other service shall be made than by publication in
the newspaper, of the notice of such proceedings and taking of
testimony, may, within one (1) year after the entry of the order
or decree of the board, determining the rights of the various
claimants upon any particular stream or other body of water,
have the same opened and be let in to give proof of his
appropriation; but before the decree of the board can be opened
in such case, the applicant shall give notice to all other
persons interested in the water of the stream or other body of
water in question, and shall with his petition file the same
kind of proof as required of claimants in original hearings and
make it appear to the satisfaction of the board that during the
pendency of the proceedings he had no actual notice thereof in
time to appear and make proof of his claim; and all parties
interested may present affidavits as to the matter of actual
notice of the applicant.