Mont. Water Right Adjudication R. 17

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

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.