MASTER’S REPORT. As stated in Rule 53(e),

Water Right Adjudication Rules

Rule: 23

Jurisdiction: MT

Bluebook Citation: Mont. WRAR R. 23

M.R.Civ.P., the master shall prepare a report upon the matters submitted to the master by the order of reference. If required to make findings of fact and conclusions of law, the master shall set them forth in the report. The master shall file the report with the clerk of the water court unless otherwise directed by the order of reference. The clerk of the water court shall serve notice of the filing and a copy of the report on all parties who appeared before the master and who were not previously dismissed from the proceeding. At the discretion of the water court, notice of the filing and a copy of the master’s 18 report may also be given to other claimants or other persons not otherwise appearing before the master in that proceeding. Subject to Rule 6, M.R.Civ.P., any party to the proceeding before the master may file written objections with the water court within 10 days after the service date of the notice of filing of the master's report. In more complex cases, the water master may enlarge the objection period to 30 days. Upon request, a 10-day extension to the objection period may be freely granted. Any party filing objections shall also serve a copy of the objections upon the other parties on the service list. A hearing will not be held on the objections unless requested by a party or deemed necessary by the water judge. The water judge shall accept the master’s findings of fact unless they are clearly erroneous. After reviewing the report, the water judge may adopt, modify, or reject the report, in whole or in part, or may receive further evidence or recommit it with instructions.

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