IMPLIED CLAIMS

RULE 35(a). Water court review of implied claims. Whenever a single claim appears to contain more than one right, the claim will be sent to the water court requesting a review for possible implied claims. RULE 35(b). Authorization of implied claims. When the water court, in writing, authorizes implied claims to separate the individual rights, the claimant will be contacted pursuant to Rule 44, W.R.C.E.R. to assist in separating the rights into individual claims. RULE 35(c). Procedure. The following items and procedures will apply to implied claims. (1) The implied claim shall include the items required pursuant to § 85-2-224, MCA. (2) The claimant's signature and notarization is required, unless otherwise ordered by the water court. (3) The date received on the implied claim will be the same date as that on the original claim. RULE 35(d). Processing implied claims. Implied claims authorized by the water court shall be processed by the department as follows: (1) filing fees will be collected pursuant to § 85-2-225, MCA; claim; (2) the original claim will be referenced on the implied 86 (3) the implied claim will be clarified, microfilmed or scanned, and entered into the centralized record system; and (4) the implied claim will be examined by the department according to the rules governing the purpose identified. RULE 35(e). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the implied claim: (1) the implied claim information; (2) a remark referring to the original claim; Example: THIS IMPLIED CLAIM WAS AUTHORIZED BY THE WATER COURT BASED ON INFORMATION IN CLAIM NO. 000000-00. and (3) the department's examination information which may include an identification of any other pertinent facts, data, and issues.