73-4-22 - State engineer's duty to search records for and serve summons on claimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants.
73-4-22. State engineer's duty to search records for and serve summons onclaimants -- Filing of affidavit -- Publication of summons -- Binding on unknown claimants.
The state engineer, throughout the pendency of proceedings, shall serve summons in themanner prescribed by Section 73-4-4 upon all claimants to the use of water in the describedsource embraced by said action, whenever the names and addresses of said persons come to theattention of the state engineer. The names and addresses of such persons so served shall be addedto the list prescribed by Section 73-4-3 hereof. Immediately after the notice of the proposeddetermination is given, in accordance with Section 73-4-11 hereof, the state engineer shalldiligently search for the names and addresses of any claimants to water in the source covered bythe proposed determination who have not been previously served with summons other than bypublication, and any such persons located shall forthwith be served with summons, and after thestate engineer has exhausted his search for other claimants he shall make such fact known to thedistrict court by affidavit and the clerk of the district court shall again publish summons fivetimes, once each week, for five successive weeks which said service shall be binding upon allunknown claimants.
No Change Since 1953