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Mont. Water Right Claim Examination R. 41

Multiple Use of a Right

activein force · 2008-03-21 – presentact-effective-date

RULE 41(a). Identifying multiple use. A multiple use of

a water right occurs when the same appropriation has been

used for more than one purpose by the original claimant.

RULE 41(b). Examining multiple use. All claims filed by

the original claimant will be examined to identify multiple uses

of a right. The information in the claim, especially priority

date, purpose, type of right, and documentation, together with

other data gathered by the department will be used. In

addition, the claimants may be contacted pursuant to Rule 44,

W.R.C.E.R.

RULE 41(c). Multiple use remark. The multiple use of a

water right will be identified by a remark on the abstract.

RULE 41(d). Summary report. In the summary report to

the water court, the department shall provide on each abstract

the following data and facts concerning multiple use of a right:

(1) a remark indicating multiple use;

Example:

THE WATER RIGHTS LISTED FOLLOWING THIS

STATEMENT ARE MULTIPLE USES FILED BY THE

ORIGINAL CLAIMANT AND BASED ON THE SAME RIGHT.

THE USE OF THIS RIGHT FOR SEVERAL PURPOSES

DOES NOT INCREASE THE EXTENT OF THE WATER

RIGHT. RATHER IT DECREES THIS RIGHT TO

ALTERNATE AND EXCHANGE THE USE (PURPOSE) OF

THE WATER IN ACCORD WITH HISTORICAL PRACTICES.

000000-00, 000000-00.

(2) and the department's examination information

which may include an identification of any other pertinent

facts, data, and issues.

Provenance

Source
courts.mt.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
6d29031a96526dfba81e43388b7e759935b239e457d328b1e1b113459faadb84
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