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Revised Statues - Chapter 25 Courts, District; Civil Procedure


25-2160: Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water.
The motion for the writ must be made upon affidavit. The court may require a notice of the application to be given to the adverse party, may grant an order to show cause why it should not be allowed, or may grant the writ without notice; PROVIDED, no peremptory writ of mandamus shall be allowed in any case involving the delivery of irrigation water where the Director of Water Resources, as defined in section 25-1062.01, is a party, except where notice by either registered or certified mail has been given, as provided therein, seventy-two hours prior to the time of hearing to the director and division engineer in the water division in which said action is brought and to all appropriators whose rights to the delivery of water might in any manner be affected, of the time and place of said hearing. In such case, any person, natural or artificial, injured or likely to be injured by the granting of such writ, may intervene in such action at any stage of the proceedings and become a party to such litigation.


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