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 Director of Natural Resources, 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 director 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.

Source

  • R.S.1867, Code § 649, p. 508;
  • R.S.1913, § 8275;
  • C.S.1922, § 9228;
  • C.S.1929, § 20-2160;
  • Laws 1941, c. 29, § 10, p. 137;
  • C.S.Supp.,1941, § 20-2160;
  • R.S.1943, § 25-2160;
  • Laws 1957, c. 242, § 20, p. 831;
  • Laws 1957, c. 365, § 6, p. 1235;
  • Laws 2000, LB 900, § 69.

Terms Used In Nebraska Statutes 25-2160

  • Action: shall include any proceeding in any court of this state. See Nebraska Statutes 49-801
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.