25-2160. Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water.

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.