SUMMARY REPORT

Rule 5(a). Summary report. The department will prepare a summary report for each claim in a basin or subbasin as directed by the water court, which will be submitted to the water court for its review and use in adjudicating existing rights. An example is shown as Exhibit A. The summary report of a claimed water right is an abstract which includes: 17 (1) the claimed or clarified data, unless otherwise directed by these rules, for the following elements: (i) owner and address; (ii) purpose; (iii) source; (iv) type of irrigation system; (v) priority date; (vi) type of historical right; (vii) flow rate; (viii) volume; (ix) maximum acres; (x) period of use; (xi) point of diversion and means of diversion; (xii) reservoir; and (xiii) place of use. (2) The department's data may supersede the claimed data. Changes to claimed information made during the department's examination will be denoted on the abstract. (3) Other information necessary to describe a water right will be listed on each abstract, where appropriate: 18 (i) basin code; (ii) water right identification number; (iii) surface water or groundwater designation; (iv) climatic area for irrigation; (v) number of households; and (vi) period of diversion. (4) Remarks limiting supplemental rights and multiple uses of a right will be added according to Rules 40 and 41, W.R.C.E.R. (5) Other data and remarks to identify unique aspects or features of the water right as required by these rules. (6) Remarks concerning unresolved issues or questions about an element identified during the examination of a water right claim. When the department's examination substantiates or does not appear to contradict those elements as claimed, no additional facts, data, or issues will be reported. Rule 5(b). Examining materials. The department's summary report will be sent to the water court. The examination materials, including but not limited to, computations, data and facts, and correspondence are maintained in the claim file. (1) The examination materials and summary report will be available for inspection and copying by all persons. (2) A microfilm or scanned copy of the examination materials for a basin, when completed, will be located at the local 19 water resources regional office and the department's central office in Helena. (3) A printed, microfilmed or scanned copy of the summary report for a basin, when completed, will be located at the water court. The summary report at the water court must be returned to the department five years after the decree is issued. The department must maintain the summary report as a public document as required by law. (4) Inquiries concerning the examination materials and summary report may be directed to the local water resources regional office, or the department's central office in Helena. Any legal issues raised shall be referred to the water court. II. IRRIGATION CLAIMS