Rule 46 Post-decree Revisions

RULE 46(a). Review of decrees. The department may review water court decrees during the objection period. If clerical errors, computation errors, and other errors or omissions are identified, the water court and claimant shall be notified by the department by an objection or a letter. The

department will add copies of all correspondence and other materials relating to errors to the claim file.

RULE 46(b). Error in decreed water right. When an error is identified in a decreed water right after the objection period has expired, the department shall notify the water court and claimant by letter. The letter will include how the error was discovered, the water right elements in error, the proposed correction, any documentation, a copy of the decree abstract with the correction delineated, whether the claimant agrees with the correction, and, when possible, a signed claimant authorization to make the correction. The department will add copies of all correspondence and other materials relating to errors to the claim file.

RULE 46(c). Correcting errors. Except as allowed in Rule 3(d), W.R.C.E.R. the department may change the centralized record system to correct errors in claims or include claims post-decree only by written authorization of a water judge or water master. Upon written authorization from the water judge or water master, the authorization will be microfilmed or scanned, the correction entered into the centralized record system, and a corrected abstract sent to the water court.

Rule 47. Unauthorized Practice of Law. It is not the unauthorized practice of law for water users (with or without the assistance of attorneys) and department claims examination personnel to confer, to exchange information, or to prepare, tender, and accept amendments to statements of claim when they do so in accordance with the Water Right Claim Examination Rules or § 85-2-243, MCA.