(1) Upon
filing of the department's motion or motions under RCW 90.03.640(3), any party with a claim filed under RCW 90.03.140
for the appropriation of water or waters of the subject
adjudication may file and serve a response to the department's
motion or motions within the time set by the court for such a
response. Objections must include specific information in regard
to the particular disposition against which the objection is
being made. Objections must also state the underlying basis of
the objection being made, including general information about the
forms of evidence that support the objection. Any party may file
testimony with the court and serve it on other parties. If a
party intends to cross-examine a claimant or witness based on
another party's prefiled testimony, the party intending to
cross-examine shall file a notice of intent to cross-examine no
later than fifteen days in advance of the hearing. If no notice
of intent to cross-examine based on the prefiled testimony is
given, then the claimant or witness is not required to appear at
the hearing. Any party may present evidence in support of or in
response to an objection.
(2) The superior court may appoint a referee or other
judicial officer to assist the court.
(3) The superior court may adopt special rules of procedure
for an adjudication of water rights under this chapter, including
simplified procedures for claimants of small uses of water. The
rules of procedure for a superior court apply to an adjudication
of water rights under this chapter unless superseded by special
rules of the court under this subsection. The superior court is
encouraged to consider entering, after notice and hearing and as
the court determines appropriate, pretrial orders from an
adjudication commenced on October 12, 1977.
[2009 c 332 § 10; 1989 c 80 § 1; 1987 c 109 § 76; 1917 c 117 § 19; RRS § 7369. Formerly RCW 90.12.060.]
NOTES:
Application -- 2009 c 332: See note following RCW 90.03.110.
Purpose -- Short title -- Construction -- Rules -- Severability -- Captions -- 1987 c 109: See notes following RCW 43.21B.001.