CLAIMS FILED AFTER APRIL 30, 1982

RULE 36(a). Identification. A claim filed with the department after the 5:00 p.m. April 30, 1982 filing deadline and physically submitted or postmarked on or before July 1, 1996 is a late claim, unless it was exempt from the filing requirements by § 85-2-222, MCA. Late claims were forfeited pursuant to the conclusive presumption of abandonment under § 85-2-226, MCA. The legislature provided limited remission of the forfeiture of late claims in § 85-2-221(3), MCA, based on the late claim filing date. Claims for exempt rights filed after 5:00 p.m. April 30, 1982 and physically submitted or postmarked on or before July 1, 1996 are not late claims. 87 Rule 36(b). Claims submitted after July 1, 1996. Claims physically submitted or postmarked after July 1, 1996 will not be accepted by the department. RULE 36(c). Examination of claims. The department will examine claims filed after April 30, 1982 according to the procedures in these rules for the identified purpose. The date the claim was filed will be specified in a remark. RULE 36(d). Summary report. The summary report to the water court shall include all forfeited late claims, remitted late claims, and claims for exempt rights filed between 5:00 p.m. April 30, 1982 and physically submitted or postmarked on or before July 1, 1996, along with all pertinent data and facts. This includes an abstract of the water right listing the late claim information and the department’s examination information. In addition, remarks denoting the type of late claim will be added as follows: (1) For a late claim placed in the United States mail and postmarked on or before 5:00 p.m. April 30, 1982, or, if there is no evidence of the date of mailing, there is evidence of execution on or before 5:00 p.m. April 30, 1982, and actual receipt by the department on or before May 7, 1982, a clarifying remark shall be added to the water right abstract: Example: CLAIM FILED LATE 05/03/82. AS MANDATED BY SECTION 85-2-221(3), MCA, THIS CLAIM IS SUBORDINATE, AND THERFORE JUNIOR, TO ALL INDIAN AND FEDERAL RESERVED WATER RIGHTS. (2) For all other late claims physically submitted to the department or postmarked on or before July 1, 1996, a clarifying 88 remark and an issue remark shall be added to the water right abstract: Examples: CLAIM FILED LATE 08/01/85. AS MANDATED BY SECTION 85-2-221(3), MCA, THIS CLAIM IS SUBORDINATE, AND THEREFORE JUNIOR, TO ALL INDIAN AND FEDERAL RESERVED WATER RIGHTS AND ALL VALID TIMELY FILED CLAIMS BASED ON STATE LAW. CLAIM FILED LATE 08/01/85. IN ADDITION TO BEING SUBORDINATE TO ALL INDIAN AND FEDERAL RESERVED WATER RIGHTS AND ALL VALID TIMELY FILED CLAIMS BASED ON STATE LAW, THIS RIGHT MAY ALSO BE SUBORDINATE TO CERTAIN PERMITS AND RESERVATIONS OF WATER. SEE SECTION 85-2-221 MCA. (3) For an exempt water right claim filed after 5:00 p.m. April 30, 1982 and physically submitted or postmarked on or before July 1, 1996, a remark shall be added to the water right abstract: Example: CLAIM FILED 08/01/85. THIS RIGHT IS AN EXEMPT RIGHT VOLUNTARILY FILED UNDER SECTION 85-2-222, MCA.