Rule 28 PERPETUATION OF TESTIMONY. A person

who desires to perpetuate testimony regarding the historical beneficial use of any water right claim filed in accordance with § 85-2-221, MCA, may file a verified petition with the water court. The procedure set forth in Rule 27, M.R.Civ.P., shall be followed, but each reference in that rule to the district court shall refer to the water court and notice to expected adverse parties shall be served by mail to the most recently updated address documented in the department’s centralized record system. If the completed deposition is filed with the water

court, it may be placed in the claim file of the claim involved in the deposition. If more than one claim is involved, the deposition will be placed in the lowest numbered claim file of the claims involved and a notice of that filing location shall be inserted in the other claim files involved in the deposition. Alternatively, the depositions may be placed in the case file containing the verified petition and a notice of filing location shall be placed in the file of the claims identified in the deposition.