PURPOSE

Water Right Claim Examination Rules

Rule: 6

Jurisdiction: MT

Bluebook Citation: Mont. WRCER R. 6

Rule 6(a). 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 6(b). 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; 20 (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. Rule 6(c). 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 6(d). Changing purpose. The claimed purpose of a water right will not be changed during the department's examination unless: (1) amended by the claimant; or (2) clarified by the department to identify similar purposes consistently. Rule 6(e). 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; (2) identification of unique aspects or features of the purpose; (3) for irrigation claims, the type of irrigation system; (4) a notation of changes made during the department's examination; and 21 (5) remarks concerning unresolved issues or questions about the claimed purpose such as the following situations: (i) the right apparently has not been used for the claimed purpose for 10 or more consecutive years; (ii) the right apparently has not been perfected; or (iii) the type of irrigation is natural overflow.

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