85-2-509. Administrative finding of priorities. (1) The department, at its discretion, or any person claiming a right to withdraw ground water (whether or not from a controlled area) may initiate a hearing by the department for the ascertainment of all existing rights to the use of the ground water in the ground area or subarea involved. The department shall produce at the hearing a map showing and describing all the lands included in the ground water area or subarea and copies of all data upon which any prior designation or modification order was based. The waiving or assignment of rights by mutual agreement for either temporary or extended periods shall not modify or cancel the relative priorities of the rights.
     (2) After January 1, 1962, in a hearing for the ascertainment and finding of priorities involving rights to the use of ground water, all appropriators of ground water or of surface water in the particular controlled area or subarea shall be included as parties and notified in the manner provided in 85-2-506.

     History: En. Sec. 6, Ch. 237, L. 1961; amd. Sec. 170, Ch. 253, L. 1974; R.C.M. 1947, 89-2916(1), (3).