Mont. Water Right Adjudication R. 21

Rule 21(a). Subpoenas. The parties may procure the

attendance of witnesses before the water court by the issuance

and service of subpoenas as provided in Rule 45, M.R.Civ.P.

Failure by any person, without adequate excuse, to obey a

subpoena served upon that person may subject that person to

the consequences, penalties, and remedies provided in Rules

37 and 45, M.R.Civ.P.

Rule 21(b). Recordings. All hearings held before the

water court may be recorded by audio tape, audio-visual,

stenographic, electronic, or other appropriate means. If a

hearing was held before a water master, the water master shall

file a transcript or recording of the proceedings and of the

evidence and the original exhibits.

RULE 21(c). Procedure in evidentiary hearings

involving only the claimant. In an evidentiary hearing

involving only the claimant, the order of procedure shall be:

(1) introductory and explanatory remarks by the

water court;

(2) discussion of the format of the proceeding;

(3) testimony of the department and introduction of

any report, data, or other written information prepared by the

department;

(4) cross-examination of the department by the

claimant;

(5) opening statement of the claimant;

(6) introduction of evidence and testimony by the

claimant and the claimant’s witnesses;

(7) closing statement of the claimant; and

(8) optional briefing schedule for the claimant.

Rule 21(d). Procedure in evidentiary hearing involving

the claimants and other parties. In an evidentiary hearing

involving the claimant and other parties, the order of

procedure shall be formulated during the final prehearing

conference as required by Rule 16(d), M.R.Civ.P., and included

in the final prehearing order.

Rule 21(e). Modification of abstract. Following the

conclusion of the evidentiary hearing and the expiration of any

post-hearing briefing schedule, the water court shall review

the evidence in the record, render its written decision in

accordance with the burden of proof set forth in Rule19,

W.R.Adj.R., and modify the abstract of each applicable claim

in accordance with the written decision.

Rule 21(f). Enforcement. Until a water judge adopts or

modifies a master’s report, any claim modified by the master’s

report may not be enforced under Rule 31, W.R.Adj.R.