Mont. Water Right Claim Examination R. 15

Rule 15(a). Identifying volume. Facts and information

concerning the volume of the claimed system will be identified

using information in the claim along with other data gathered by

the department.

Rule 15(b). Identifying climatic area. The climatic area of

the claimed place of use will be identified on the abstract of each

irrigation right. The climatic area identification will be determined

from the United States Department of Agriculture Natural

Resource Conservation Service climatic area map of Montana.

Rule 15(c). Direct flow irrigation claims. For direct flow

irrigation claims, except water spreading systems and irrigation

systems involving reservoirs, a volume will not be decreed. A

remark shall be added to the abstract of direct flow irrigation

rights.

Example:

THE TOTAL VOLUME OF THIS RIGHT SHALL NOT EXCEED

THE AMOUNT PUT TO HISTORICAL AND BENEFICIAL USE.

Rule 15(d). Direct flow irrigation claims decreed by

volume in prior decree. If a direct flow irrigation claim has been

decreed by volume in a prior decree, the claimed volume shall be

included on the water right abstract. A remark shall be added:

Example:

THIS VOLUME WAS DECREED IN A PRIOR DECREE, CASE

NUMBER 2345, MISSOULA COUNTY, MONTANA.

Rule 15(e). Decreeing volume for water spreading irrigation

systems without reservoirs. A volume for water spreading

irrigation systems without reservoirs will be decreed. The volume

guideline for these systems will be the peak consumptive use of

alfalfa in a drought year growing season.

(1) The peak consumptive uses of alfalfa in a drought year

growing season, listed by climatic area are:

(i) Climatic Area I 2.3 acre-feet per acre;

(ii) Climatic Area II 2.0 acre-feet per acre;

(iii) Climatic Area III 1.9 acre-feet per acre;

(iv) Climatic Area IV 1.7 acre-feet per acre; and

(v) Climatic Area V 1.4 acre-feet per acre.

(2) When the claimed volume on a water spreading claim

exceeds the guideline, the volume will be reduced to the guideline

unless:

(i) information in the claim file clearly substantiates

the claimed volume; or

(ii) information to support the actual volume is

obtained through claimant contact.

When the claimed volume is reduced to the water spreading

guideline, a remark shall be added to the water right abstract:

Example:

THE VOLUME OF THIS CLAIM HAS BEEN REDUCED TO THE

GUIDELINE OF X.XX ACRE FEET PER ACRE. THE VOLUME

MAY BE CONTESTED BY PROPER OBJECTION.

Rule 15(f). Decreeing volume for irrigation systems with

stored water from reservoirs. The claimed volume for irrigation

systems using stored water from reservoirs will be decreed. There

is no specific volume guideline for these systems. To confirm the

claimed volume, facts and data will be collected by the department

following the procedures specified in Rule 10(b), W.R.C.E.R.

For irrigation claims involving a reservoir where stored water is

not utilized, a volume will not be decreed. A remark shall be

added to the water right abstract:

Example:

PRIMARILY A DIRECT FLOW SYSTEM; VOLUME NOT

DECREED.

Rule 15(g). Changing volume. The claimed volume will not

be changed during the department's examination unless:

(1) amended by the claimant;

(2) clarified by the department;

(3) as authorized in parts (c) and (e) of this rule; or

(4) standardized as to units of measure according to Rule

4, W.R.C.E.R.

Rule 15(h). Summary report. In the summary report to the

water court, the department shall provide on each abstract the

following data and facts concerning the volume:

(1) the claimed or clarified volume, or changes authorized

by this rule;

(2) climatic area;

(3) identification of unique aspects or features of the

volume;

(4) a notation of changes made during the department's

examination; and

(5) remarks concerning unresolved issues or questions

about the claimed volume, such as the following situations:

(i) the maximum feasible volume when the flow rate

to be decreed cannot deliver the volume to be decreed during the

claimed period of use;

(ii) when a claimed volume to be decreed is greater

than two times the capacity of the reservoir or exceeds a

reasonable number of fills; or

(iii) no volume claimed.