533.130 - Petition to intervene may be filed by interested person not served; contents.
533.130 Petition to intervene may be filed by interested person not served; contents.
1. Any person interested in the water of any stream upon whom no service of notice shall have been had of the pendency of proceedings for the determination of the relative rights to the use of water of such stream system, and who shall have no actual knowledge or notice of the pendency of the proceedings, may, at any time prior to the expiration of 6 months after the entry of the determinations of the State Engineer, file a petition to intervene in the proceedings.
2. Such petition shall be under oath and shall contain, among other things:
(a) All matters required by this chapter of claimants who have been duly served with notice of the proceedings; and
(b) A statement that the intervener had no actual knowledge of notice of the pendency of the proceedings.
3. Upon the filing of the petition in intervention granted by the State Engineer, the petitioner shall be allowed to intervene upon such terms as may be equitable, and thereafter shall have all rights vouchsafed by this chapter to claimants who have been duly served.
[26:140:1913; 1919 RL p. 3230; NCL § 7913]