73-3-32. Filing protest or judicial review action not required to bring judicial interference claim.
The following are not a prerequisite to filing a judicial action for interference, damages, declaratory, injunctive, or other relief, based on the use of water under an existing water right:
(1) filing a protest to a water right application filed pursuant to this chapter, or to a claim filed under Section 73-5-13; or
(2) participation as a party in a judicial review action challenging the state engineer's action on a water right application filed pursuant to this chapter.