PERIOD OF USE

Water Right Claim Examination Rules

Rule: 20

Jurisdiction: MT

Bluebook Citation: Mont. WRCER R. 20

Rule 20(a). Identifying period of use. Facts and information concerning the period of use for domestic purposes will be identified using the information in the claim together with any 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 domestic and multiple domestic purposes will be year round use. (2) The irrigation period of use guidelines specified in Rule 16, W.R.C.E.R. will be the criteria for examining lawn and garden purposes. (3) The documentation will be examined for conditions or limitations that may exist on the period of use. Rule 20(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: 56 (1) no period of use is claimed; (2) the claimed period of use differs significantly from the period of use guidelines specified in this rule; or (3) the period of use on the claim form differs significantly from the period of use specified in the documentation. Rule 20(c). Changing periods 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) to complete the period of use to year round for domestic and multiple domestic claims when no period of use has been claimed. Rule 20(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. 57 IV. STOCKWATER CLAIMS

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