Mont. Water Right Claim Examination R. 9

Rule 9(a). Identifying means of diversion. Facts and

information concerning the means of diversion of a water right will

be identified using the information in the claim, aerial

photographs, topographic maps, Water Resources Survey

information, and other sources available to the department.

Rule 9(b). Examining means of diversion. When the means

of diversion 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.

Rule 9(c). Changing means of diversion. The claimed

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

department's examination unless:

(1) amended by the claimant; or

(2) clarified by the department to identify similar means

of diversion consistently.

Rule 9(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 means of diversion:

(1) the claimed or clarified means of diversion;

(2) identification of unique aspects or features of the

means of diversion;

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

examination; and

(4) remarks concerning unresolved issues or questions

about the means of diversion, such as “the means of diversion

cannot be identified.”