DOCUMENTING THE DEPARTMENT'S

Water Right Claim Examination Rules

Rule: 43

Jurisdiction: MT

Bluebook Citation: Mont. WRCER R. 43

EXAMINATION RULE 43(a). Purpose. The claim file, maintained by the department as part of the centralized record system, will serve as the repository of all claimed information and other materials related to the department's examination. All documents related to § 85-2-402, MCA and §§ 85-2-421 through 85-2-426, MCA, will be placed in the claim file. Additionally, all materials added to the claim file will be filmed or scanned for the microfilm or electronic record. RULE 43(b). Worksheet. The department's examination of each element of a water right will be documented on a worksheet. The worksheet will contain an abstract of the clarified claimed information and will serve as a checklist of items to be examined. In addition, the claimed and examined acres for irrigation claims will be mapped. RULE 43(c). Documentation. Telephone contact, personal interviews and field investigations pertaining to a claim will be documented and placed in the claim file. The documentation may include but not be limited to: (1) persons contacted; 98 (2) date and time; (3) location; (4) address or phone number; (5) topics discussed; and (6) facts, data, and issues identified. RULE 43(d). Correspondence. Copies of all written correspondence sent or received by the department pertaining to a claim will be added to the claim file. All written correspondence sent by the department will include the date and the names of addressee and signatory.

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