61-03-17. Parties to and costs of suit for adjudication of water rights

61-03-17. Parties to and costs of suit for adjudication of water rights In any suit for the determination of a right to the use of the waters of any stream system, all persons that claim the right to use the waters must be made parties, and the department shall provide the court a complete hydrographic survey of the stream system. The cost of the suit including the litigation and survey costs incurred by the state must be charged to each of the private parties to the suit in proportion to the amount of the water right allotted.