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Show SPECIAL STATUTORY ADJUDICATION PROCEDURES 469 Part of California's well-developed court reference procedure for water rights cases has also been adopted in Kansas. In any suit involving a determination of water rights, to which the State is not a proper party, the court may order a reference to the Division of Water Resources or its Chief Engineer, as referee, for investigation and report respecting any or all of the physical facts involved.147 Such reports are to be considered as evidence of the physical facts found by the referee,148 although the court must hear such further evidence as may be offered by any party in rebuttal. Likewise, in any suit brought" in a Federal court for determination of water rights within or partly within the State, the Division or its Chief Engineer may accept a reference as master or referee for the Federal court.149 A provision in the Idaho Code declares that whenever a suit is filed in court by private parties for the purpose of adjudicating the priority of water rights, prior to such adjudication the judge may request the Department of Reclamation to make an examination of the water system in the manner provided for in the statutory adjudication provisions. The Department is directed to prepare a map of the area and "a report in the nature of a proposed finding of water rights," as provided in the statutory adjudication pro- visions.150 As discussed above,151 it is unclear whether this provision is a court reference procedure or a transfer procedure. Some of the statutory provisions in some other States, discussed immedi- ately below, also may have some similarity to certain features of these court reference provisions, such as the provisions for making hydrographic surveys. More Ways in Which State Agencies May Participate in Private Actions Upon the filing of a private action to determine water rights, one or more of the following procedures may follow, depending upon the jurisdiction. The court may order the State agency to provide a hydrographic survey;152 or the court must make such an order;153 or the court may request the State agency to make an examination of the stream and all diversions;154 or the court may U7Kans. Stat. Ann. § 82a-725 (1969). 148The referee's report shall contain such findings of fact as may be required by the court's order of reference and such opinion upon the facts as deemed proper in view of the issues submitted. Id. 1A9Id. 150Idaho Code Ann. § 42-1401 (Supp. 1969). 151 See notes 133-136 supra. . 152 Utah Code Ann. § 73-4-1 (1968). I53N. Dak. Cent. Code Ann. § 61-03-17 (1960), discussed at note 323 infra; Nev. Rev. Stat. § 533.240(2) (Supp. 1967); N. Mex. Stat. Ann. § 75-4-6 (1968); S. Dak. Comp. Laws Ann. § 46-10-4 (1967). See also Oreg. Rev. Stat. § 541.310 (Supp. 1969) which provides that when the State is a party to a suit for the determination of water rights, the court shall call upon the State Engineer for a complete hydrographic survey of the stream system. 1S4Idaho Code Ann. § 42-1401 (Supp. 1969). |