RETURNED MAIL

RULE 45(a). Notice of availability. When a decree is issued, the water court serves, by mail, a notice of availability and abstract of water right to each person who has filed a claim of existing water right or to that person’s successor in interest as shown in the department’s updated ownership record. The notice of availability is also sent to other persons specified by the water court. Additional notice proceedings occur as the adjudication of a basin or subbasin advances to final decree. RULE 45(b). Investigation. The department shall investigate the reason mail associated with the issuance of a decree is returned by the U.S. Postal Service. An attempt will be made to research and process returned mail within the time allotted by the water court for claimant action. RULE 45(c). Extent of investigation. The department's research to determine the current owner name or current owner address shall include but not be limited to claimant contact, telephone directories, and county records. RULE 45(d). Processing address changes. The results of the department's research will be processed as follows. 100 (1) When the addressee has a new address, the department will correct the address in the centralized record system. The addressees will be sent their abstract of water right and notice of availability. (2) When there has been an unrecorded change in ownership, the department will send the current owner a notice of availability, the abstract(s) of water right and a request to file a water right ownership update form pursuant to § 85-2-421 through § 85-2-426, MCA. (3) When the proper owner or address is not found by the department, the results of the research will be placed in the claim file. RULE 45(e). General certificate of mailing. The department shall send the water court a general certificate of mailing certifying that the returned mail has been researched and processed. The general certificate of mailing will identify the water rights where the current owner or address could not be found. RULE 45(f). Documentation. Documents and records involved in processing returned mail shall be placed in the respective water right claim file. RULE 45(g). Miscellaneous. Returned mail associated with other stages of the adjudication process will be researched according to procedures similar to this rule. Previously researched mail where the owner or address could not be found will not be researched again.