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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