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Current as of January 01, 2024 | Updated by Findlaw Staff
The motion for the writ must be made upon affidavit. The court may require a notice of the application to be given to the adverse party, may grant an order to show cause why it should not be allowed, or may grant the writ without notice. No peremptory writ of mandamus shall be allowed in any case involving the delivery of irrigation water if the Chief Water Officer, as defined in section 25-1062.01, is a party unless notice by either registered or certified mail has been given, as provided therein, seventy-two hours prior to the time of hearing to the Chief Water Officer and division supervisor in the water division created by section 61-212 in which the action is brought and to all appropriators whose rights to the delivery of water might in any manner be affected, of the time and place of the hearing. In such case, any person, natural or artificial, injured or likely to be injured by the granting of such writ, may intervene in such action at any stage of the proceedings and become a party to such litigation.
Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 25. Courts; Civil Procedure § 25-2160. Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-25-courts-civil-procedure/ne-rev-st-sect-25-2160/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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