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Show ORGANIZATION 21 priority concept of the appropriation doctrine, if any such general adjudication of water rights is to be effective, it is imperative that all water users from a single source of supply be joined in the action and bound by the results. Further, it is equally imperative that all of the users who are joined be required to submit all of their claims for adjudication. The statutory adjudication procedure achieves these objectives. (3) TYPES OF ADJUDICATION SYSTEMS While all of the Western States (except Hawaii) have some form of statutory adjudication program, the specific procedure varies from State to State. However, in all of the proceedings the $bak& admin- istrative agency plays some role in the gathering of factual data which is used in the adjudication process. In some States, the adjudication can be initiated either by the State agency or by the water users, but the State agency conducts investigations, prepares surveys, and compiles a document containing a tabulation of all water rights on the source. This tabulation is then submitted to the water users and to the court for the completion of the general adjudication process. In other States, the State agency not only assembles the informa- tion but also hears the objections and protests of the water users, and then makes preliminary rulings on any objections which may be submitted by the water users. Any user dissatisfied with the ruling of the State agency may appeal the matter to the court. In still other States, the State agency makes only a preliminary survey of the area and the matter is then submitted to the court in preliminary form, and the court notifies the water users of the pend- ing adjudication. Despite such significant differences in the conduct of adjudication proceedings among the States, the actual adjudication of individual water rights is performed by the court in all instances. The major dif- ferences among the States relate to the degree of involvement of the State administrative agency in the initial stages of the action. (4) ADJUDICATION PROCEDURES As is to be expected, there is a considerable variance among the States concerning the details of the adjudication procedure. But some general observations can be made. All of the adjudication statutes provide some form of preliminary notice of the action to water users, service of summons to join users in the action, publication of notice or summons to bind unknown users, and a procedure to inform users of the manner in which claims are to be submitted to either the State agency or the court (depending upon the particular State statute). The State agency normally prepares some type of hydrographic survey which shows the point of diversion, place of use, and other relevant items of the water right which may be illustrated on a map. Once all of the water users' claims are submitted and the survey completed, this information is tabulated in some form of proposed determination of water rights. This proposed determination is served |