PERIOD OF USE

Water Right Claim Examination Rules

Rule: 25

Jurisdiction: MT

Bluebook Citation: Mont. WRCER R. 25

RULE 25(a). Identifying period of use. Facts and data concerning period of use for stockwater purposes will be identified using information in the claim along 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. (1) The period of use guideline for stockwater will be year round use. (2) The documentation will be examined for conditions or limitations that may exist on the period of use. RULE 25(b). Examining 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 the period of use guideline specified in this rule; or 64 (3) the period of use on the claim form differs significantly from the period of use specified in the documentation. RULE 25(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; (2) clarified by the department; or (3) no period of use was claimed for the stock claim and claimant contact is non-responsive, then the period of use may be changed to match a multiple use irrigation claim which shares the same point and means of diversion. RULE 25(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, or changes authorized by this rule; (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 as specified in this rule. V. OTHER USES CLAIMS

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