Mont. Water Right Claim Examination R. 8

Rule 8(a). Identifying point of diversion. The claimed POD

will be identified and described by the nearest reasonable and

concise legal land description.

(1) The information in the claim, aerial photographs,

topographic maps, Water Resources Survey information, county

land ownership records, and other sources available to the

department may be used to review the claimed POD.

(2) When the claimed POD cannot be substantiated, the

department will gather further facts and data pertaining to the

specific claim. The claimant may be contacted pursuant to Rule

44, W.R.C.E.R. In addition, an on-site visit may be requested

pursuant to Rule 44, W.R.C.E.R.

(3) A diversion structure used for more than one claim

will have a consistent legal land description specified on all

respective claims.

Rule 8(b). Reviewing basin codes. Claims having diversions

within a common drainage basin or subbasin will be identified

with a common basin code. The basin code will be reviewed to

confirm that the claim has been grouped in the correct basin.

(1) If the department finds that a claim was omitted from

a basin where a decree has been issued, the water court shall be

notified.

(2) If the department finds that a claim was omitted from

a basin where a decree has not been issued, the department will

change the basin code in the claim file and in the centralized

record system.

Rule 8(c). Identifying interbasin transfers. When the POD

is in one basin and the place of use, or a portion thereof, is in

another basin, an interbasin transfer shall be identified for the

basin of the POU as well as the basin of the POD.

Rule 8(d). Changing point of diversion. The claimed point

of diversion of a water right will not be changed during the

department's examination unless:

(1) amended by the claimant;

(2) clarified by the department to the nearest reasonable

and concise legal land description; or

(3) revised to identify and describe a POD used by more

than one claim consistently.

Rule 8(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 point of diversion:

(1) the basin code designated by the department;

(2) the claimed or clarified legal land description;

(3) additional legal land descriptions identified by the

department such as government lots, subdivisions, certificates of

survey, homestead entry surveys, and mineral surveys;

(4) identification of named ditches or canals;

(5) identification of unique aspects or features of the point

of diversion;

(6) a notation of changes made during the department's

examination;

(7) a remark identifying an interbasin transfer of water;

Examples:

THIS APPROPRIATION OF WATER TAKES WATER FROM THE

_____ RIVER DRAINAGE (BASIN _____) AND USES IT IN THE

_____ RIVER DRAINAGE (BASIN _____). ANY OBJECTION TO

THIS RIGHT MAY BE FILED DURING THE OBJECTION

PERIODS FOR EITHER THE POINT OF DIVERSION OR PLACE

OF USE BASIN.

THIS APPROPRIATION OF WATER TAKES WATER FROM THE

_____ RIVER DRAINAGE (BASIN _____) AND USES IT IN THE

_____ RIVER DRAINAGE (BASIN _____) AND THE _____ RIVER

DRAINAGE (BASIN _____). ANY OBJECTION TO THIS RIGHT

MAY BE FILED DURING THE OBJECTION PERIODS FOR

EITHER THE POINT OF DIVERSION OR PLACE OF USE

BASIN.

and

(8) remarks concerning unresolved issues or questions

about the claimed point of diversion such as the point of diversion

legal land description could not be refined.