PURPOSE

Water right purposes categorized as “other uses” and governed by this rule include all uses of water for purposes other than stockwater, domestic, and irrigation. For example, these may include, but are not limited to: (a) agricultural spraying; (b) commercial; (c) fire protection; (d) fish and wildlife; (e) fish raceways; (f) industrial; (g) institutional; 66 (h) mining; (i) municipal; (j) navigation; (k) oil well flooding; (l) power generation; (m) recreation; and (n) wildlife. RULE 27(b). Identifying purpose. Facts and information concerning the purpose of a water right will be identified using the information in the claim together with any other data gathered by the department. Rule 27(c). Examining purpose. When the claimed purpose cannot be substantiated, 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. In addition, an on-site visit may be conducted pursuant to Rule 44, W.R.C.E.R. Discrepancies in the claimed purpose that may require claimant contact or an on-site visit include, but are not limited to: (1) the purpose cannot be discerned from the information in the claim; (2) the water use appears to be for a purpose other than that claimed; (3) the claimed purpose cannot be substantiated; or (4) several purposes are indicated in the claim as multiple uses of the right. Fire protection will be considered an incidental use. 67 RULE 27(d). Questionnaire. A questionnaire requesting data concerning specific other uses may be sent to claimants. The questionnaire serves to gather facts and data describing the history, status, and operation of the claimed purpose. RULE 27(e). Municipal uses. A water right claim for municipal use that meets the presumption of nonabandonment provisions of 85-2-227, MCA must be examined following the procedures described in Rule 6, W.R.C.E.R. The department shall not add an issue remark regarding nonuse. The department shall add the following clarifying remark to the water right abstract: Example: THIS WATER RIGHT IS PRESUMED TO NOT BE ABANDONED PURSUANT TO 85-2-227, MCA. RULE 27(f). Multiple uses. All claims under one ownership will be reviewed to identify multiple uses of a right pursuant to Rule 41, W.R.C.E.R. RULE 27(g). Changing purpose. The claimed purpose of a water right will not be changed during the department's examination unless: (1) amended by the claimant; and (2) clarified by the department to identify similar purposes consistently. RULE 27(h). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the purpose of a right: (1) the claimed or clarified purpose; 68 (2) identification of unique aspects or features of the purpose; (3) a notation of changes made during the department's examination; (4) remarks concerning unresolved issues or questions about the claimed purpose; and (5) wildlife, recreation, and fish and wildlife claims that do not receive a factual or legal issue remark as a result of the claims examination process will receive the following remark: BECAUSE THIS CLAIM DID NOT RECEIVE A FACTUAL OR LEGAL ISSUE REMARK DURING THE CLAIMS EXAMINATION PROCESS, THE WATER COURT WILL NOT HOLD A HEARING ON THIS CLAIM UNDER Matter of the Adjudication of Existing Rights in Basin 41I, 2002 MT 216, 311 Mont. 327, 55 P.3d 396 UNLESS A VALID OBJECTION IS FILED UNDER SECTION 85-2-233, MCA, OR THE WATER COURT CALLS THE CLAIM IN ON ITS OWN MOTION UNDER RULE 8, W.R.ADJ.R. (6) wildlife, recreation, and fish and wildlife claims that receive a factual or legal issue remark as a result of the claims examination process will receive the following remark: THE WATER COURT WILL HOLD A HEARING ON THIS CLAIM TO DETERMINE ITS VALIDITY SUBJECT TO SECTION 85-2-248, MCA, AND Matter of the Adjudication of Existing Rights in Basin 41I, 2002 MT 216, 311 Mont. 327, 55 P.3d 396. A HEARING MAY ALSO BE HELD ON THIS CLAIM IF A VALID OBJECTION IS FILED UNDER SECTION 85-2-233, MCA, OR THE WATER COURT CALLS THE CLAIM IN ON ITS OWN MOTION UNDER RULE 8, W.R.ADJ.R.