Preamble

WATER RIGHT ADJUDICATION RULES

EFFECTIVE DECEMBER 5, 2006 As last amended, effective March 21, 2008

TABLE OF RULES

Rule

1. Purpose of rules and summary of adjudication process

(a) Authority of Montana water court

(b) The adjudication process 2. Water court practice and procedures

(a) Citation

(b) Application of other rules

(c) Water Court 3. Issuing a decree 4. Preliminary, temporary preliminary, other interlocutory decree 5. Procedure for filing objection to preliminary or temporary preliminary decrees

(a) Notice of objection

(b) Service of objection

(c) Filing of objection

(d) Extension of objection period 6. Notice of the filing of an objection an opportunity to file counterobjection

(a) Notice

(b) Counterobjection

(c) Service and filing 7. Issue remarks 8. Claims called in on motion of the water court 9. Notice that objections and counterobjections have been filed and opportunity to file notice of intent to appear

(a) Objection list

(b) Notice of intent to appear 10. Motions to Amend 11. Masters

(a) Appointment

(b) Order of reference

(c) Powers and duties 12. Department assistance

(a) Direction

(b) Requests for assistance

(c) Field investigations 13. Department data

(a) Admissibility

(b) Limitations 14. Continuances 15. Discovery 16. Settlement and mediation

(a) Settlement proceedings

(b) Mediation

(c) Hearing track 17. Settlements

(a) Approval required

(b) Expansion of claim

(c) Reduction of claim 18. Pretrial conference 19. Burden of proof 20. No right to jury trial 21. Hearings

(a) Subpoenas

(b) Recordings

(c) Procedure in evidentiary hearings involving only the claimant

(d) Procedure in evidentiary hearin gs involving the claimants and other parties

(e) Modification of abstract

(f) Enforcement 22. Sanctions 23. Master’s Report 24. Final decrees

(a) Issuance

(b) Notice of entry

(c) Inspection of final decree

25. Appeals 26. Split claims 27. Public notice of adjudication proceedings 28. Perpetuation of testimony 29. Miscellaneous fees 30. Late claim administrative costs and expenses 31. Water court decree enforcement

(a) Preliminary procedure

(b) Identification of diversions and instream uses

(c) Public meetings

(d) Tabulations

(e) Controversies 32. Assistance to district courts 33. Attorney representation

(a) Attorney representation

(b) Unauthorized practice of law

(c) Rules of Professional Conduct