45-274. Notice of claims; protest; grounds; contents

225 words·~1 min read·/az/title-45/45-274

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. The director shall issue and deliver a notice of each claim to water users who, in the judgment of the director, might be affected by the use of water as set forth in the claim.

B. Any person affected may, within the time allowed in the notice or such further time as the director may allow, file a written protest to the claim. The protesting party shall send a copy of the protest to the claimant.

C. A protest shall state:

1. The name and address of the protesting party.

2. The location of the protesting party's point of diversion of water with respect to the claimant's stockpond.

3. The grounds for protest.

4. That a copy of the protest has been mailed or delivered to the claimant.

D. The grounds for protest are that the claim contains a misstatement of one or more of the following material facts:

1. The date of construction of the stockpond.

2. The capacity of the stockpond on August 27, 1977.

3. The sole purpose for which the stockpond was constructed and is used is watering livestock or wildlife, except fish.

4. The pond is not used primarily for fishing or culturing of fish.

5. That the stockpond was not the subject of water rights litigation or protest to the state land department prior to August 27, 1977.