LATE CLAIM ADMINISTRATIVE COSTS AND

EXPENSES. On or before July 1 of each odd numbered year, the chief water judge shall establish a schedule of administrative costs and expenses to assess against late claimants as required by § 85-2-225, MCA. The assessment shall be determined by calculating the number of hours a water judge or master works on a late claim and multiplying that number against a uniform hourly rate. The uniform hourly rate shall be derived by dividing the water court’s annual budget by 2080 hours and dividing that quotient by the number of FTEs authorized by the legislature for the water court. If late claims are consolidated and reviewed with non- late claims and the time devoted to the late claim cannot be separately assessed to a late claim, the water court shall prorate the assessment to fairly allocate the costs of working on a late claim. Unless the fees are waived by the water court, the minimum assessment will be $20.00. If the assessment is not paid within 60 days after notice is provided, the water court shall hold a show cause hearing to determine why the late claim or claims should not be terminated for failing to pay the assessment. If the assessment is not paid or adequate explanation provided, the claim may be terminated. Late 21 claim costs and expenses will not be assessed against withdrawn or terminated claims.