TERMINATION OF A CLAIM

RULE 37(a). Procedure for terminating a claim. The department shall terminate a water right claim only when it has been withdrawn at the request of the claimant(s). (1) A written request must be submitted by the claimant to withdraw a claim. An example request to withdraw form to withdraw a claim from the adjudication process is attached as Exhibit D. 89 (2) The withdrawal request must be dated with notarized signatures of all current owners of the right as listed in the centralized record system. (3) The reason for the withdrawal may be included. RULE 37(b). Processing a withdrawal request. A withdrawal request and claim will be processed in the following manner. (1) The withdrawal request will be microfilmed or scanned and entered into the centralized record system. (2) The claimed information in the centralized record system will be retained but will be denoted as terminated for reference purposes. (3) The withdrawal request and claim will be maintained by the department. RULE 37(c). Availability of owner name and address. The owner name and address will be available to the water court for notice purposes. RULE 37(d). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the terminated claim including: (1) the water right file number; (2) the owner name and address; (3) the purpose, source, and point of diversion; 90 (4) a remark indicating a withdrawn claim Example: THIS CLAIM WAS WITHDRAWN FROM THE ADJUDICATION PROCESS AT THE REQUEST OF THE CLAIMANT ON 04/15/87. and (5) the department's examination information which may include an identification of any other pertinent facts, data, and issues.