73-4-24. Petition for expedited hearing of objection -- Petition for limited determination.
(1) A claimant to the use of water may petition the court to expedite the hearing of a valid, timely objection to a report and proposed determination prepared in accordance with Sectionin which the claimant has a direct interest. 73-4-11
(2) A petition under Subsectionshall identify any party directly affected by the objection, if known to the claimant, and state why the hearing of the objection should be expedited. (1)
(3) A petitioner under Subsectionshall notify those affected by the petition as directed by the court. (1)
(4) The court may grant a petition under Subsectionif: (1) the court finds that the expedited hearing is necessary in the interest of justice; granting the petition will facilitate a reasonably prompt resolution of the matters raised in the objection; and granting the petition does not prejudice the right of another claimant.
(5) During the pendency of a general adjudication suit, a claimant or group of claimants may petition the court to direct the state engineer to prepare a proposed determination and hydrographic survey map for a limited area within the general adjudication area in which the claimant or group of claimants has a claim.
(6) The court may grant a petition under Subsectionif: (5) the claimant or group of claimants will suffer prejudice if the petition is not granted; the matters raised by the claimant or group of claimants are proper for determination in a general adjudication; granting the petition will not unduly burden the state engineer's resources; and granting the petition will not unduly interfere with the state engineer's discretion to allocate resources for the preparation of another proposed determination.
(7) If the court grants a petition under this section, the state engineer shall comply with this chapter in satisfying the court's order.