Mont. Water Right Adjudication R. 12

Rule 12(a). Direction. The water court may at any time

direct the department to provide such information and

assistance as may be required by the water court to adjudicate

claims of existing rights, as provided in § 85-2-243, MCA.

Rule 12(b). Requests for assistance.

(1) All water court requests for department

assistance issued after the expiration of the notice of intent to

appear filing period and directed at the adjudication of a

specific claim or claims contained in the decree shall be made

in writing, delivered to the department, and served upon all

parties in the water court proceeding that are identified on the

water court service list involving the claim or claims which are

the subject of the request for assistance. The request for

assistance shall:

(i) state the basis for the request for assistance.

If the request for assistance has been initiated at the request

of the department, the water court's written request for

assistance shall identify the information conveyed to the water

court by the department and the department employee who

conveyed the information to the water court;

(ii) specify the elements of each water right

claim or claims to be reviewed by the department;

(iii) if known, identify the department employee

who will conduct the review;

(iv) notify all persons on the water court service

list of their right to submit written information to the

department concerning the elements of the water right claim

or claims being reviewed by the department and shall require

all persons who submit information to mail a complete copy to

all persons on the water court service list;

(v) specify a time period for completion of the

department’s review and the submission of the department’s

memorandum; and

(vi) direct the department to file the original

memorandum with the water court and mail a complete copy

of the memorandum to all persons on the water court service

list.

(2) The department must document all contact with

the claimant or any other person regarding the water right

claim as provided in Rules 43 and 44 W.R.C.E.R. All persons

on the water court service list are entitled to notice and

reasonable opportunity to be present during any field

investigation conducted in conjunction with the request for

assistance.

(3) If necessary during the course of the review, the

department may communicate in writing with the presiding

water judge or water master to discuss the substance of the

review being conducted by the department. All such

communication and court response must be in writing with

full service upon all persons on the water court service list.

Rule 12 (c). Field investigations. Upon written order of

the water court, the department shall conduct field

investigations of claims. Unless otherwise directed by the

water court, a field investigation shall be conducted with the

claimant or a claimant’s representative in attendance. The

other persons on the water court service list may attend for

the purpose of observing the department’s field investigation.

(1) The water court’s written order for field

investigation shall:

(i) state the basis for the order;

(ii) specify the elements of each water right

claim or claims to be field investigated by the department;

(iii) if known, identify the department employee

who will conduct the field investigation;

(iv) specify a time period for completion of the

field investigation and the submission of the department’s field

investigation report; and

(v) direct the department to file the original field

investigation report with the water court and mail a complete

copy of the report to all persons on the water court service list.

(2) When the water court orders a field investigation,

the department shall contact the claimant or the claimant’s

representative to establish the date and time of the field

investigation and, when necessary, to arrange access. The

date and time for the field investigation shall be confirmed

through a letter from the department to the claimant with a

copy sent to the water court, the person who has arranged

access, and all other persons on the water court service list.

(3) The department shall send its confirmation letter

at least 20 days before the intended date of the field

investigation. The 20-day notice period may be shortened by

order of the water court, or waived by written agreement of all

persons on the water court service list.

(4) The field investigation data will be documented in

accord with Rules 43 and 44 W.R.C.E.R. The department

shall file the original field investigation report with the water

court and mail a complete copy of the report, including a

certificate of mailing, to all persons on the water court service

list.

(5) If necessary, the department may communicate

in writing with the presiding water judge or water master to

discuss the substance of the field investigation. All such

written communication must be served upon all persons on

the water court service list.

(6) The water court may set a deadline for parties to

comment on the department’s final memoranda for requests

for assistance or on the department’s field investigation

reports.

(7) This Rule does not limit the authority of the water

court to issue appropriate orders under the provisions of Rule

34, M.R.Civ.P., or Rule 614, M.R.Evid.