45-185 - Filing of claim not deemed adjudication of right; presumption; exemption
45-185. Filing of claim not deemed adjudication
of right; presumption; exemption
A. The filing of a statement of claim under this article does not constitute an
adjudication of any claim to the right to the use of waters as between the person and the
state, or as between one or more persons asserting the water right, and the date of
filing under this article shall have no effect upon the priority of such rights. A
statement of claim is not admissible in evidence for the purpose of demonstrating that
water diverted or withdrawn and beneficially used is appropriable under section 45-141,
subsection A, but a statement of claim is admissible in evidence as a rebuttable
presumption of the truth and accuracy of the contents of the claim.
B. Wells used to produce water exclusively for domestic or stock watering purposes
are exempt from the provisions of this article, but the granting of this exemption shall
not establish the presumption that a water right exists.
|