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Show 492 ADJUDICATION OF WATER RIGHTS IN WATERCOURSES Following this examination, notice by means of newspaper publication is given, setting a date to take testimony of the various claimants, and notice is also sent by registered mail to each claimant or owner who filed a notification of intention to file a claim.291 Thereafter a hearing is held and testimony is taken;292 on completion, all of the evidence may be inspected by the various claimants or owners.293 Any interested person may contest any of the evidence and a hearing shall be held on the contested evidence by the State Engineer or his authorized assistant.294 Based upon his data and compilation of evidence, the State Engineer makes findings of fact and issues an order determining and establishing the various water rights.295 A certified copy of the State Engineer's order of determination and findings of fact, the original evidence, and certified copies of maps and data are filed with the clerk of the circuit court wherein the determination is to be heard and a certified copy of the order of determination and findings is filed with the county clerk of every other county in which the stream or any portion of a tributary is situated.296 In the court proceedings, which in general are like those of a suit in equity, interested parties may file written exceptions to the findings and order of determination. If no exceptions are filed, the court is required to enter a decree affirming the State Engineer's determination. But if exceptions are taken a hearing is held thereon. After final hearing, the circuit court enters a decree affirming or modifying the State Engineer's order, subject to appeal to the supreme court,297 and transmits a certified copy of the decree to the State Engineer.298 While the matter is pending in the circuit court, and until a certified order of the court is transmitted to the State Engineer, the determination of the State Engineer is in full force and effect and water is distributed accordingly from the date of entry in his records unless and until stayed by a stay bond.299 Upon the final determination of rights to waters of any stream, the State Engineer shall issue to each person represented therein a certificate stating, among other things, the date of priority, the extent and purpose of the right, and a legal description of any irrigated land to which the water right is appurtenant.300 A section of the 1905 law, still extant,301 provides that upon adjudication of rights to waters of a stream system, a certified copy of the decree to be filed 291 Id. § 539.040. 292Id. § 539.070. 29iId. § 539.090. 294Id. §§ 539.100 and .110. 29SId. § 539.130(1). 29 "Id. 291Id. § 539.150. 298Id. § 539.160. 299Id. §§ 539.130(4), .170, and .180. 300Id. | 539.140. 30IOreg. Laws 1905, ch. 228, § 5, Rev. Stat. § 541.320 (Supp. 1969). |
