MULTIPLE USE OF A RIGHT

Water Right Claim Examination Rules

Rule: 41

Jurisdiction: MT

Bluebook Citation: Mont. WRCER R. 41

RULE 41(a). Identifying multiple use. A multiple use of a water right occurs when the same appropriation has been used for more than one purpose by the original claimant. RULE 41(b). Examining multiple use. All claims filed by the original claimant will be examined to identify multiple uses of a right. The information in the claim, especially priority date, purpose, type of right, and documentation, together with other data gathered by the department will be used. In 96 addition, the claimants may be contacted pursuant to Rule 44, W.R.C.E.R. RULE 41(c). Multiple use remark. The multiple use of a water right will be identified by a remark on the abstract. RULE 41(d). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning multiple use of a right: (1) a remark indicating multiple use; Example: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT ARE MULTIPLE USES FILED BY THE ORIGINAL CLAIMANT AND BASED ON THE SAME RIGHT. THE USE OF THIS RIGHT FOR SEVERAL PURPOSES DOES NOT INCREASE THE EXTENT OF THE WATER RIGHT. RATHER IT DECREES THIS RIGHT TO ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF THE WATER IN ACCORD WITH HISTORICAL PRACTICES. 000000-00, 000000-00. (2) and the department's examination information which may include an identification of any other pertinent facts, data, and issues.

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