Mont. Water Right Claim Examination R. 35

RULE 35(a). Water court review of implied claims.

Whenever a single claim appears to contain more than one right,

the claim will be sent to the water court requesting a review for

possible implied claims.

RULE 35(b). Authorization of implied claims. When the

water court, in writing, authorizes implied claims to separate the

individual rights, the claimant will be contacted pursuant to Rule

44, W.R.C.E.R. to assist in separating the rights into individual

claims.

RULE 35(c). Procedure. The following items and procedures

will apply to implied claims.

(1) The implied claim shall include the items required

pursuant to § 85-2-224, MCA.

(2) The claimant's signature and notarization is required,

unless otherwise ordered by the water court.

(3) The date received on the implied claim will be the

same date as that on the original claim.

RULE 35(d). Processing implied claims. Implied claims

authorized by the water court shall be processed by the

department as follows:

(1) filing fees will be collected pursuant to § 85-2-225,

MCA;

(2) the original claim will be referenced on the implied

claim;

(3) the implied claim will be clarified, microfilmed or

scanned, and entered into the centralized record system; and

(4) the implied claim will be examined by the department

according to the rules governing the purpose identified.

RULE 35(e). Summary report. In the summary report to the

water court, the department shall provide on each abstract the

following data and facts concerning the implied claim:

(1) the implied claim information;

(2) a remark referring to the original claim;

Example:

THIS IMPLIED CLAIM WAS AUTHORIZED BY THE WATER

COURT BASED ON INFORMATION IN CLAIM NO. 000000-00.

and

(3) the department's examination information which may

include an identification of any other pertinent facts, data, and

issues.