SETTLEMENTS

Rule 17(a). Approval required. The water court is not bound by settlement agreements. Any settlement reached by the parties is subject to review and approval by the water court. Settlement includes the documents filed by a claimant in cases where the claimant is the only party. Rule 17(b). Expansion of claim. If a settlement seeks to enlarge or expand an element of a claim and the documentation provided by the parties does not include sufficient evidence to meet the burden of proof, the water court shall provide notice to the settling parties of the deficient documentation and allow reasonable time for the parties to file additional supporting evidence. If sufficient evidence to meet the burden of proof is not presented within the time allowed, the water court shall not enlarge or expand the element of the claim. Rule 17(c). Reduction of claim. The claimant of a water right claim may waive the advantage of § 85-2-227, MCA. If a 15 claimant agrees to reduce or limit an element of a claim, the water court does not need to determine whether the burden of proof has been met. The water court may accept a claimant’s requested reduction or limitation without further presentation of evidence, unless there is an unresolved issue remark on the claim, in which case § 85-2-248, MCA, must be applied.