PERIOD OF USE

Rule 16(a). Identifying period of use. Facts and information concerning the period of use 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 claimed period of use of flood and sprinkler systems will be compared to the following irrigation period of use guidelines: (i) Climatic Area I: March 15 to November 15; (ii) Climatic Area II: April 1 to October 30; (iii) Climatic Area III: April 15 to October 15; (iv) Climatic Area IV: April 20 to October 10; and (v) Climatic Area V: April 25 to October 5. 47 (2) The period of use guideline for claims involving water spreading systems, natural subirrigation and natural overflow will be year round use. (3) The documentation will be examined for conditions or limitations that may exist on the period of use. Rule 16(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 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 16(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) to complete the period of use to year round for claims involving water spreading systems, natural subirrigation and natural overflow when no period of use has been claimed or the period of use claimed is not year round and there are no reasons in accordance with these examination rules to contact the claimant. 48 Rule 16(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, such as: the right includes or is limited to high or flood waters. (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 claimed period of use exceeds the guidelines for the climatic area. Example: THE CLAIMED PERIOD OF USE EXCEEDS THE USUAL GROWING SEASON FOR THIS CLIMATIC AREA WHICH IS APRIL 15 TO OCTOBER 19. III. DOMESTIC CLAIMS