Rule 39 Change in Appropriation Right
Rule Text
RULE 39(a). Procedure for pre-July 1, 1973 claims. When a pre-July 1, 1973 water right for which a statement of claim has been received is changed pursuant to § 85-2-402, MCA, the department will proceed as follows:
(1) The department will create a new record for the change in the centralized record system.
(2) The department will not update the original claim information to reflect the change when a notice of completion has been received until after the final decree.
RULE 39(b). Procedure for post-June 30, 1973 claims. When the department finds that a statement of claim appears
to reflect a post-June 30, 1973 change, the claimant will be contacted pursuant to Rule 44, W.R.C.E.R. for additional information. In addition, an on-site visit may be conducted pursuant to Rule 44, W.R.C.E.R.
(1) If an amended claim is submitted to identify the right as it existed before July 1, 1973, the department will process the amended claim according to the rules governing the purpose identified.
(2) If an amended claim is not submitted to identify the right as it existed before July 1, 1973, the department will examine the claim as originally submitted.
RULE 39(c). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning a change in appropriation right:
(1) A remark referring to the status of the change application;
Example: AUTHORIZATION TO CHANGE POINT OF DIVERSION COMPLETED 04/15/87. FILE REFLECTS RIGHT AS IT EXISTED PRIOR TO JULY 1, 1973. APPROVED CHANGES WILL BE UPDATED IN THE CENTRALIZED RECORDS SYSTEM AFTER FINAL DECREE. SEE G(W) 000000-00.
(2) The department's examination information which may include:
(i) an issue remark when the claimed right appears to reflect an unauthorized post-June 30, 1973 change;
Example:
IT APPEARS THAT AN UNAUTHORIZED POST-JUNE 30, 1973 CHANGE IN POINT OF DIVERSION MAY BE REFLECTED IN THIS CLAIM.
or
(ii) an identification of any other pertinent facts, data, and issues.