WATER COURT DECREE ENFORCEMENT

Upon written request from a district court, water court decrees may be enforced pursuant to §§ 3-7-212, 85-2-406(3) and (4), and 85-5-101, MCA. Rule 31(a). Preliminary procedure. Upon receipt of a district court request for enforcement, the water court shall: (1) determine the scope of the enforcement project and project staffing in consultation with the department; and (2) assess the status of all proceedings within the proposed enforcement area to confirm that all objections have been resolved and that the decree is ready for enforcement. Rule 31(b). Identification of diversions and instream uses. If the decree is ready for enforcement, the water court will: (1) identify every diversion and instream use within the enforcement area; (2) map diversions and instream uses as needed; (3) identify ditch names as necessary; (4) note any point of diversion discrepancies or other issues that might adversely affect the distribution of water under the water court’s tabulation of existing water rights; and (5) notify the claimant of these discrepancies or issues. The water court may resolve any discrepancy or issue through the procedures set forth in §§ 85-2-233(6) and 85-2-248, MCA. 22 Rule 31(c). Public meetings. The water court may conduct public meetings on any proposed decree enforcement. Rule 31(d). Tabulations. The water court shall provide tabulations of existing water rights within the proposed enforcement area to the district courts. Rule 31(e). Controversies. If a water distribution controversy arises on a source that is included in the enforcement project, a dissatisfied water user may file a complaint with the district court pursuant to § 85-5-301, MCA, and petition the district court to certify the matter to the chief water judge pursuant to § 85-2-406(2)(b), MCA.