Water Right Adjudication Rules – 2026
The Montana Water Court runs a single statewide adjudication of water rights, and general civil courts do not decide claims inside it. These rules, adopted by the Supreme Court, govern objections, motions and hearings in that adjudication, including the effect of a claim filed in the statewide filing.
Browse all 34 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.
Preamble
Rule 1
Purpose of Rules and Summary Of
Rule 2
Water Court Practice and Procedures
Rule 3
ISSUING A DECREE. The chief water judge
Rule 4
Preliminary, Temporary Preliminary,
Rule 5
Procedure for Filing Objection To
Rule 6
Notice of the Filing of an Objection
Rule 7
ISSUE REMARKS. If not otherwise resolved by
Rule 8
Claims Called in on Motion of The
Rule 9
Notice That Objections And
Rule 10
MOTIONS TO AMEND. Pursuant to § 85-2-
Rule 11
Masters
Rule 12
Department Assistance
Rule 13
Department Data
Rule 14
CONTINUANCES. Requests for continuance of
Rule 15
DISCOVERY. Parties may obtain discovery as
Rule 16
Settlement and Mediation
Rule 17
Settlements
Rule 18
PRETRIAL CONFERENCE. Pretrial
Rule 19
BURDEN OF PROOF. A properly filed
Rule 20
NO RIGHT TO JURY TRIAL. Right to trial by
Rule 21
Hearings
Rule 22
SANCTIONS. If a claimant, objector, or
Rule 23
MASTER’S REPORT. As stated in Rule 53(e),
Rule 24
Final Decrees
Rule 25
APPEALS. Appeals to the Montana supreme
Rule 26
SPLIT CLAIMS. The water court may split
Rule 27
Public Notice of Adjudication
Rule 28
PERPETUATION OF TESTIMONY. A person
Rule 29
MISCELLANEOUS FEES. The chief water
Rule 30
Late Claim Administrative Costs And
Rule 31
Water Court Decree Enforcement
Rule 32
ASSISTANCE TO DISTRICT COURTS. The
Rule 33
Attorney Representation