Any claimant who, prior to entry of the order of determination by the board, had no actual knowledge or notice of the pendency of the proceedings may, at least 10 days prior to the date set for hearing by the court or within such further time prior to the decree as the court may allow, intervene in the proceedings by filing with the court an exception to the order of determination and a proof of claim which shall contain all the matters required by this chapter of claimants who have been served with notice of the proceeding.
Statutory AdjudicationsIntervention
Section § 2780
If someone wasn't aware of a legal decision process about water rights before the final decision was made, they have the chance to get involved. They must act at least 10 days before the court hearing, or earlier if the court says so, by submitting their concerns and evidence to the court. Their submission must meet all the requirements that notified participants had to follow.
water rights proceedings intervene in court order of determination
Section § 2781
This law section explains that when someone (an intervenor) files an objection (exception) and evidence (proof of claim) concerning a legal matter, they must also ask the court to set deadlines. These deadlines will decide when and how this information must be shared with others who have claims. Additionally, it sets a timeline for when disagreements (contests) about this evidence can be submitted to the court and given to the person filing the exception.
Upon filing his exception and proof of claim, the intervenor shall make application to the court for an order prescribing the time and manner of service of the exception and proof upon other claimants and the time within which contests of the proof may be filed with the court and served upon the intervenor.
intervenor exception proof of claim
Section § 2782
Once the deadline for submitting challenges set by the court has passed, the court will review and decide on any objections and the evidence provided by an intervening party, as well as any disputes related to this, following procedures similar to those outlined in Article 9, starting at Section 2750.
After expiration of the time fixed by the court for filing contests, the court shall proceed to hear and determine the exception and proof of intervenor and any contest thereto in accordance as near as may be with Article 9 (commencing with Section 2750).
deadline for challenges court review filing contests
Section § 2783
This law allows a court to request the board to gather more evidence and make an additional determination on a case. If the board is asked to do more work, it can be paid back for the expenses it incurs as outlined in another part of the law.
The court may refer the matter for such further evidence to be taken by the board as the court may direct, and may require a further determination by the board, in which event the board shall be entitled to reimbursement for expenses incurred by it in the manner provided in Article 13 (commencing with Section 2850) of this chapter.
court referral further evidence board's determination
