Mont. Water Right Claim Examination R. 3

Rule 3(a). Maintaining records. The centralized record

system for the adjudication is maintained by the department in

three parts as follows:

(1) numbered files of the original claim forms and

documentation submitted by the claimant along with related

materials added by the water court or the department;

(2) a computer record system which is initially the claimed

information as clarified by the department; and

(3) a microfilm or scanned record of each numbered claim

file.

Rule 3(b). Finding information. All water right information

as claimed can be found in the claim file or microfilm or scanned

records maintained by the department. Additionally, the claim

files and the microfilm or scanned records will be updated to

document each stage of the adjudication process.

Rule 3(c). Data. The data in the computer record system,

initially the clarified claimed information, is used as the

adjudication process advances to prepare the department's

summary report and, ultimately, to produce the final decrees.

Rule 3(d). Changing water right claims. The department

will not change the claimed elements of an existing water right in

the computer record system except as follows:

(1) prior to issuance of a decree:

(i) to implement procedures as authorized in these rules;

(ii) to comply with § 85-2-103, MCA, § 85-2-402, MCA,

and §§ 85-2-421 through 85-2-426, MCA;

(iii) to reflect a claimant's amendments to a claim

according to Rule 34 W.R.C.E.R.;

(iv) to correct a department data entry error; or

(v) as specifically ordered or directed in writing by the

water court.

(2) after issuance of a decree:

(i) as specifically ordered or directed in writing by the

water court;

(ii) in compliance with § 85-2-402, MCA and §§ 85-2-421

through 85-2-426, MCA;

(iii) to change an owner address; or

(iv) to remove asterisks identifying changes to claimed

elements.

Rule 3(e). Public records. All records pertaining to the

centralized record system are public records and therefore open to

inspection by any person as provided in § 2-6-102, MCA. Prior to

final decree anything in the file is part of a work in progress and

may be subject to change.

Rule 3(f). Reproducing materials. For parties requesting

reproductions of department materials, fees will be charged and

collected at rates established by the department. Reproduced

materials for which costs will be recovered include, but are not

limited to, photocopies, copies from microfilm, copies of microfilm,

and computer generated materials.

Rule 3(g). Fees for decrees. Any person may obtain a copy

of a water court decree from the department for a fee covering the

cost of the printed or electronic copy. Indexes of decrees may be

obtained for a fee covering the cost of the printed or electronic

copy.