CENTRALIZED RECORD SYSTEM

Rule 3(a). Maintaining records. The centralized record system for the adjudication is maintained by the department in three parts as follows: (1) numbered files of the original claim forms and documentation submitted by the claimant along with related materials added by the water court or the department; (2) a computer record system which is initially the claimed information as clarified by the department; and (3) a microfilm or scanned record of each numbered claim file. 14 Rule 3(b). Finding information. All water right information as claimed can be found in the claim file or microfilm or scanned records maintained by the department. Additionally, the claim files and the microfilm or scanned records will be updated to document each stage of the adjudication process. Rule 3(c). Data. The data in the computer record system, initially the clarified claimed information, is used as the adjudication process advances to prepare the department's summary report and, ultimately, to produce the final decrees. Rule 3(d). Changing water right claims. The department will not change the claimed elements of an existing water right in the computer record system except as follows: (1) prior to issuance of a decree: (i) to implement procedures as authorized in these rules; (ii) to comply with § 85-2-103, MCA, § 85-2-402, MCA, and §§ 85-2-421 through 85-2-426, MCA; (iii) to reflect a claimant's amendments to a claim according to Rule 34 W.R.C.E.R.; (iv) to correct a department data entry error; or (v) as specifically ordered or directed in writing by the water court. (2) after issuance of a decree: (i) as specifically ordered or directed in writing by the water court; 15 (ii) in compliance with § 85-2-402, MCA and §§ 85-2-421 through 85-2-426, MCA; (iii) to change an owner address; or (iv) to remove asterisks identifying changes to claimed elements. Rule 3(e). Public records. All records pertaining to the centralized record system are public records and therefore open to inspection by any person as provided in § 2-6-102, MCA. Prior to final decree anything in the file is part of a work in progress and may be subject to change. Rule 3(f). Reproducing materials. For parties requesting reproductions of department materials, fees will be charged and collected at rates established by the department. Reproduced materials for which costs will be recovered include, but are not limited to, photocopies, copies from microfilm, copies of microfilm, and computer generated materials. Rule 3(g). Fees for decrees. Any person may obtain a copy of a water court decree from the department for a fee covering the cost of the printed or electronic copy. Indexes of decrees may be obtained for a fee covering the cost of the printed or electronic copy.