Mont. Water Right Adjudication R. 31

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.

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.