PROCEDURE FOR FILING OBJECTION TO

Water Right Adjudication Rules

Rule: 5

Jurisdiction: MT

Bluebook Citation: Mont. WRAR R. 5

PRELIMINARY OR TEMPORARY PRELIMINARY DECREES. Rule 5(a). Notice of objection. The water judge shall provide notice of the objection period in accordance with § 85- 2-232, MCA. Notices of objection must be filed in compliance with § 85-2-233, MCA. The water court shall provide objection forms. The objector shall include a statement of: (1) the findings and conclusions with which the objector disagrees; (2) the elements or part of the claim abstract which the objector believes should be modified; and (3) the grounds and evidence on which the objection is based. Rule 5(b). Service of objection. The objector must mail a completed copy of the objection to each claimant and complete the certificate of mailing on the objection form before filing the original objection with the water court. If the objector is the sole claimant on the claim, no certificate of mailing is necessary. Rule 5(c). Filing of objection. Objections must be filed within 180 days after entry of the decree. The water judge may, for good cause shown, extend this time limit up to two additional 90-day periods if application for an extension is made prior to the expiration of the original 180-day period or any extension of it. Section 85-2-233(2), MCA. Rule 5(d). Extension of objection period. Applications for extensions may be made on forms supplied by the water court. An extension for one objector in a basin is an extension 6 for all other objectors. Any order of extension shall state the specific calendar date on which the period of extension ends.

Chat with this court rule using AI

Ask CiteLaw's AI Navigator anything about this court rule, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.