SCOPE OF RULES

Rule 1(a). Purpose. As provided by § 85-2-101(4), MCA: “Pursuant to Article IX, Section 3(1) of the Montana Constitution, it is further the policy of the state and a purpose of this chapter to recognize and confirm all existing rights. . . for any useful or beneficial purpose.” Rule 1(b). Role of the department. These water right claim examination rules are applicable to the Department of Natural Resources and Conservation (department) and specify how water right claims are examined prior to decree issuance by the 3 department during Montana's general water rights adjudication. Throughout the adjudication process, the department is an executive agency providing technical assistance and information to the water court subject to the direction of water judges, pursuant to § 85-2-243, MCA. The department assists the water court by gathering, examining, and reporting data, facts, and issues pertaining to the claims of existing rights. In examining claims, the department's role is limited to factual analysis and the identification of issues. The water right claim examination rules describe how the department gathers data and facts pertinent to the claims of existing water rights. The water court determines the necessity and scope of any preliminary department examination as set out in these rules, but in no way influences the results of the directed examination. Rule 1(c). Title. These rules shall be known as the Water Right Claim Examination Rules and may be cited as Rule ___, W.R.C.E.R.