Mont. Water Right Claim Examination R. 24

RULE 24(a). Identifying flow rate and volume. Facts and

information concerning flow rate and volume for stockwater use

will be identified using information in the claim along with other

data gathered by the department.

RULE 24(b). Flow rate guideline. The flow rate guideline for

stock use within a basin or subbasin will be as follows:

(1) The flow rate guideline for wells, developed springs,

pumped diversions, or gravity flow pipelines will be 35 gallons per

minute.

(2) There will be no flow rate guideline for stock drinking

from the source either directly, from a ditch system, or from an

undeveloped spring. For these types of stock use, a specific flow

rate will not be decreed. A remark shall be added to the water

right abstract.

Example:

A SPECIFIC FLOW RATE HAS NOT BEEN DECREED

BECAUSE THIS USE CONSISTS OF STOCK DRINKING

DIRECTLY FROM THE SOURCE OR FROM A DITCH SYSTEM.

THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT

HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE.

(3) The flow rate guideline for reservoirs associated with

stockwater use claims will be as follows:

(i) For stockwater claims involving only water from

on-stream reservoirs a flow rate guideline will not be identified,

and a flow rate will not be decreed. A remark shall be added to

the water right abstract.

Example:

A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR

THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW

RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY

NECESSARY TO SUSTAIN THIS PURPOSE.

(ii) For offstream reservoirs the flow rate guideline

for storage will be the capacity of the diversion and conveyance

system. If there is no information regarding the capacity of the

diversion and conveyance system, or the system is shared by more

than one claimant, the flow rate guideline of 35 gallons per minute

will be used.

RULE 24(c). Volume guideline. A volume for stockwater

claims will not be quantified except as directed by the water court.

When a volume is not quantified, the following remark shall be

added to the water right abstract.

Example:

THIS RIGHT INCLUDES THE AMOUNT OF WATER

CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES

AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT.

ANIMAL UNITS SHALL BE BASED ON REASONABLE

CARRYING CAPACITY AND HISTORICAL USE OF THE AREA

SERVICED BY THIS WATER SOURCE.

If the water court directs that volumes be quantified for certain

stockwater claims, the water court, in consultation with the

department, shall determine appropriate volume guidelines.

RULE 24(d). Examining flow rate and volume. When the

claimed flow rate or volume differs from the guideline, the

department will gather further data and facts in an attempt to

determine the actual flow rate or volume for the specific claim.

The claimant may be contacted pursuant to Rule 44, W.R.C.E.R.

Discrepancies that may require claimant contact include, but are

not limited to:

(1) the claimed flow rate exceeds the guideline established

for wells, developed springs, pumped diversion or gravity flow

pipelines; or

(2) the claimed flow rate for wells, developed springs,

pumped diversion or gravity flow pipelines appears to be in error,

inconsistent or insufficient to satisfy the purpose.

RULE 24(e). Decree exceeded. When the flow rate of a prior

decreed water right has been exceeded by respectively filed claims,

the parties involved may be contacted pursuant to Rule 44,

W.R.C.E.R. If the parties do not reach agreement among

themselves and correct the over claimed flow rate, the issue shall

be identified in the department's summary report to the water

court.

RULE 24(f). Changing flow rate or volume. The claimed

flow rate and claimed volume of a water right 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 (b) and (c) of this rule; or

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

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

RULE 24(g). Summary report. In the summary report to the

water court, the department shall provide on each abstract the

following data and facts concerning the flow rate and volume:

(1) the claimed or clarified flow rate, or changes

authorized by this rule;

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

by this rule;

(3) identification of unique aspects or features of the flow

rate and volume;

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

examination; and

(5) remarks concerning unresolved issues or questions

about the claimed flow rate and volume such as the claimed flow

rate or volume to be decreed cannot be confirmed or appears

excessive for this purpose.