CLARIFICATION

Water Right Claim Examination Rules

Rule: 33

Jurisdiction: MT

Bluebook Citation: Mont. WRCER R. 33

RULE 33(a). Clarification of claimed information. Elements of a water right may be clarified during the department's examination of claims to make elements complete, clear, concise and interpretable as long as the intent of the claimed information is unchanged. Claimed information may be clarified except when an amendment is required pursuant to Rule 34, W.R.C.E.R. Changes to claimed data made as clarifications will be denoted on the water right abstract. RULE 33(b). Clarification without claimant contact. Discrepancies in the claimed information, such as the following, 81 may be edited for standardization and consistency without claimant contact as long as the intent of the claimed information is clear: (1) priority date, period of use, source, POD, POU, means of diversion and type of historical right are not on the claim form but are clearly stated in the documentation; (2) similar purposes are not referenced consistently; (3) owner names and addresses are not consistent; (4) POD and POU discrepancies: (i) claimed legal land descriptions are not described to the nearest reasonable and concise legal land description; (ii) legal land descriptions on the claim form and the claimant’s map disagree; (iii) claimed legal land descriptions for direct surface water stock use are not the same; (iv) legal land descriptions are reversed; or (v) N, S, E, or W are not indicated in the legal land description for township or range; (5) common points of diversion or similar means of diversion are not referenced consistently; (6) source names are not referenced consistently; (7) flow rate or volume discrepancies: 82 (i) claimed flow rate or volume units are inconsistent; (ii) units for flow rate are not on the claim form but are clearly indicated in the documentation; or (8) priority date discrepancies. RULE 33(c). Clarification with claimant contact. When a claim exhibits discrepancies or clerical errors as described in Rule 33(b), W.R.C.E.R. and the claimed intent is unclear, the department will contact the claimant pursuant to Rule 44, W.R.C.E.R. The correct interpretation of the claimed information will be clearly denoted by the department in the claim file. Clarifications of this type may be implemented upon instruction from the claimant. RULE 33(d). Correcting clerical errors. When an abstract of a claim exhibits clerical errors by the department, such as the following, the discrepancy will be corrected in the computer record: (1) claimed items were not entered into the computer; (2) claimed items were entered into the computer incorrectly; or (3) claimed items were previously clarified incorrectly.

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