MT · rules
Mont. Water Right Claim Examination R. 41
Multiple Use of a Right
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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