PERIOD OF USE

RULE 30(a). Examining period of use. Facts and data concerning period of use for other uses purposes will be identified using information in the claim together with other data gathered by the department. The period of use will be identified by the earliest month and day to the latest month and day that water has been used within a calendar year. 77 (1) The usual and customary period of use for other uses claims will vary for the specific purpose identified. The claimed period of use will be reviewed for reasonableness for the purpose identified. (2) The documentation will be examined for conditions or limitations that may exist on the period of use. RULE 30(b). Incomplete or inconsistent period of use. When the claimed period of use is incomplete or inconsistent, the department will gather further facts and data pertaining to the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. Discrepancies in the claimed period of use that may require claimant contact include, but are not limited to: (1) no period of use is claimed; (2) the claimed period of use differs significantly from that which is usual and customary for the specific purpose identified; (3) insufficient information is available to determine the usual and customary period of use for the purpose identified; or (4) the period of use on the claim form differs significantly from the period of use specified in the documentation. RULE 30(c). Changing period of use. The claimed period of use of a water right will not be changed during the department's examination unless: (1) amended by the claimant; or (2) clarified by the department. 78 RULE 30(d). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the period of use: (1) the claimed or clarified period of use; (2) identification of unique aspects or features of the period of use; (3) a notation of changes made during the department's examination; and (4) remarks concerning unresolved issues or questions about the claimed period of use such as the following situations: (i) questions about the claimed period of use as specified in this rule; or (ii) use of the water is not feasible during winter months. Example: THE CLAIMED PERIOD OF USE MAY BE QUESTIONABLE. USE OF THIS WATER MAY NOT BE FEASIBLE DURING WINTER MONTHS.