Rule 13 Department Data

Rule 13(a). Admissibility. In any proceedings before the water court, any investigative reports, data, or other written information produced or promulgated by the department during examination or under the direction of the water court pursuant to § 85-2-243, MCA, shall be admissible without further foundation and not subject to the hearsay objection in situations where the department is not itself a party. Due provisions shall be made by the water court to allow any party to cross-examine the department employee who provided the assistance under § 85-2-243, MCA, and to controvert the report, data, or other information by other evidence.

Rule 13(b). Limitations. If the department fails to comply with the protocols specified in Rule 12, W.R.Adj.R., the

water court, upon appropriate motion by any party, may issue an order prohibiting or limiting the department employee's testimony at a hearing on the water right claim, and may strike all or portions of the memorandum prepared in response to the request for assistance or a field investigation report prepared by the department.