AMENDMENTS TO CLAIMS

RULE 34(a). Claimant request to modify claim. A claimant may request and authorize a modification of their claim prior to that claim’s inclusion in an interlocutory decree issued for the particular basin. 83 RULE 34(b). Amendment of claim. An amendment is required to alter any element of a claim when that element cannot be clarified or changed in accordance with these rules. RULE 34(c). Amendment form. An amendment form or a written request must be submitted by the claimant to authorize an amendment. An amendment form is attached as Exhibit C. (1) The amendment request, whether on an amendment form or other written request, must include the amendment and the date. (2) The amendment request must contain the notarized signature of all current owners of the right as listed in the centralized record system or a legal authorized representative. The amendment may not be submitted by a non-owner (e.g., tenant, ranch manager, forest service district employee). (3) The amendment request may include the reasons for the amendment and may be supplemented with maps, letters, copies of documents, or other materials. RULE 34(d). Processing of amendment. An amendment received by the department will be processed in the following manner: (1) if received prior to printing the decree, it will be microfilmed or scanned, added to the claim file, and the respective elements will be amended in the centralized record system; or (2) if received after printing of the decree, it will be microfilmed or scanned and sent to the water court. RULE 34(e). Examination of amendment. The department will examine amendments according to the procedures in the rule governing the amended element. 84 RULE 34(f). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the amended claim: (1) the claimed or clarified element as amended; (2) a remark indicating the date the amendment was received and the water right element changed; Example: THE FLOW RATE WAS AMENDED BY THE CLAIMANT ON 04-15-87. (3) the department's examination information which may include an identification of any other pertinent data, facts or issues; and (4) remarks concerning unresolved issues or questions about the amendment such as the amendment was not signed by all current owners, or was not notarized. Examples: AN AMENDMENT WAS SUBMITTED ON 08-01-98 REQUESTING TO AMEND THE PLACE OF USE. THE AMENDMENT HAS NOT BEEN IMPLEMENTED AS IT HAS NOT BEEN SIGNED BY ALL OWNERS OF DNRC RECORD. AN AMENDMENT WAS SUBMITTED 06-11-98 ADJUSTING THE POINT OF DIVERSION, PLACE OF USE, PRIORITY DATE, SOURCE, FLOW RATE, PURPOSE AND PLACE OF STORAGE. THE AMENDMENT SUBSTANTIALLY CHANGES THE ORIGINALLY FILED STATEMENT OF CLAIM. 85