Adjudication

The Montana Department of Natural Resources & Conservation (DNRC) is assisting the Montana Water Court in providing technical assistance in adjudicating Statement of Claim water rights, which are claims that proceeded 1973.  The DNRC examines the historical claimed water rights based on information in the file, two aerial photographs and then places issue remarks on the water rights.  These comments are DNRC perceived discrepancies to affirm the water right per the claim.  Options to rebut the comments on the water right exist through Amending the Statement of Claim or providing more evidence to support the claim as submitted.   DNRC’s assessments may not accurately reflect the maximum extent to which the water right was perfected so review of the situation is valuable.

CWC provides technical assistance including preparing amendment forms, supplemental reviews, site investigations and documentation.  Supplemental information examples include additional historical aerial photography assessments, operation records, electrical meter records, affidavits, equipment receipts and photographs.  CWC would like to prepare a response to protect your water rights with supplemental information that accurately reflects the maximum historical uses, diversions, places of use, methods, impoundments, and transmission practices.

Currently, the Tobacco River Basin which is 76D is under review and DNRC has 30 days to resolve the remarks on water rights.