Investigation, hearing and certification of claims

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45-275. Investigation, hearing and certification of claims

A. Upon receipt of a claim, the director shall conduct such investigation as in the director's judgment is necessary to certify the water right. Such investigation may include an inspection of the stockpond.

B. When requested by a claimant or the protesting party, an administrative hearing shall be held to determine any material fact which is in dispute. A hearing may be held on the director's own motion.

C. The director shall issue a certification of the water right if it appears that the material facts stated in the claim are true and entitle the claimant to a water right for the stockpond. The water right shall be subject to all prior rights, and the certification shall so state.

D. Section 45-114, subsections A and B govern administrative proceedings, rehearing or review and judicial review of final decisions of the director under this section.


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