Mont. Water Right Claim Examination R. 37

RULE 37(a). Procedure for terminating a claim. The

department shall terminate a water right claim only when it has

been withdrawn at the request of the claimant(s).

(1) A written request must be submitted by the claimant

to withdraw a claim. An example request to withdraw form to

withdraw a claim from the adjudication process is attached as

Exhibit D.

(2) The withdrawal request must be dated with notarized

signatures of all current owners of the right as listed in the

centralized record system.

(3) The reason for the withdrawal may be included.

RULE 37(b). Processing a withdrawal request. A withdrawal

request and claim will be processed in the following manner.

(1) The withdrawal request will be microfilmed or scanned

and entered into the centralized record system.

(2) The claimed information in the centralized record

system will be retained but will be denoted as terminated for

reference purposes.

(3) The withdrawal request and claim will be maintained

by the department.

RULE 37(c). Availability of owner name and address. The

owner name and address will be available to the water court for

notice purposes.

RULE 37(d). Summary report. In the summary report to the

water court, the department shall provide on each abstract the

following data and facts concerning the terminated claim

including:

(1) the water right file number;

(2) the owner name and address;

(3) the purpose, source, and point of diversion;

(4) a remark indicating a withdrawn claim

Example:

THIS CLAIM WAS WITHDRAWN FROM THE

ADJUDICATION PROCESS AT THE REQUEST OF THE

CLAIMANT ON 04/15/87.

and

(5) the department's examination information which

may include an identification of any other pertinent facts,

data, and issues.