42 



Points of law made by claimants or their attorneys, together with the authorities cited 

 in support of the same, must be submitted in typewritten form. 



The record in the case of each claim shall consist of — 



First. The original notice filed with the county clerk. 



Second. A claim affidavit signed and verified. 



Third. Additional testimony ofTered at hearing in support of claim. 



Fourth. Points of law and authorities cited in support of same submitted in writing. 



Fifth. Decisions of secretary. 



All matters set forth in claimant's notice of appropriation posted at the proposed point 

 of diversion and filed with the county clerk in accordance with the provisions of the irrigation 

 law of 1889 and the claim affidavit in the form provided by the State board of irrigation, 

 entitled "Claim for the waters of the State of Nebraska," filed with the board in support 

 of claim, together with any other ex parte affidavits ofi'ered for the same purpose, shall be 

 accepted as true, provided there shall be no contest in reference thereto, or that the contrary 

 shall not appear upon investigation by the board or an officer thereof upon its own motion. 



In case a claim affidavit has not been filed in the form and at or before the time prescribed 

 with the State board in support of a claim deemed to have accrued prior to April 4, 1895, 

 failure to make appearance and file such affidavit at the time and place of hearing set for 

 the county within which such claim is located shall be deemed to constitute an abandon- 

 ment thereof. 



Anyone wishing to contest a claim files with the board a notice 

 stating the ground for contest and proof of having served notice on the 

 opposite party. The latter has fifteen days in which to answer with 

 proof of service on contestant, who then has ten days in which to reply. 

 If contestee is a nonresident, the board is notified, and notice is given by 

 publication. When issues have been made up in this way, the secre- 

 tary sets a place and date for hearing the contest and notifies each 

 party. These hearings are held by the secretary, as are the original 

 adjudications. 



Copies of decisions of the secretary in adjudications or contests are 

 mailed to all parties in interest on the day on which they are made. 

 Anyone dissatisfied with such a decision may, within ten days after 

 receipt of a copy, ask for a rehearing before the secretary, setting 

 forth the grounds for the petition. No appeal may be made to the 

 board until such an application for rehearing has been made and acted 

 on by the secretary. Any time within fifteen days after, a decision of 

 the secretary on rehearing appeal may be taken to the board. The 

 appeal must be accompanied by a typewritten brief and proof of serv- 

 ice on the parties adversely interested. All pleadings, affidavits, etc., 

 must be typewritten. The review by the board will be by brief. 

 Rehearings before the board may be applied for at any time within 

 forty days. Appeals may be taken from the rulings of the board to 

 the courts, but very few have been taken. 



All decisions of the secretary from which appeals are not taken are 

 affirmed by the board. 



Surve3's made by the secretary or his assistants before adjudications 

 are not required, as they are in Wyoming, but have been made in many 

 cases, although not always. 



