85-2-214. Commencement of action. (1) The action for the adjudication of all existing water rights under Title 3, chapter 7, Title 85, chapter 2, part 7, and this part is commenced with the issuing of the order by the Montana supreme court to file a statement of a claim of an existing water right as provided in 85-2-212. For each claim, the action is considered filed in the judicial district of the county in which the diversion is made or, if there is a claimed right with no diversion, in the judicial district of the county in which the use occurs.
(2) The water judge shall monitor the claim filing procedure for claims within the judge's water division and make orders necessary to ensure timely and accurate compliance with the claim filing procedure.
History: En. Secs. 6, 20, Ch. 697, L. 1979; amd. Sec. 2757, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 2. Surface Water and Ground Water
Part 2. Adjudication of Water Rights
85-2-212. Order by supreme court
85-2-214. Commencement of action
85-2-215. Consolidation of matters
85-2-216. Venue for water rights determinations
85-2-217. Suspension of adjudication
85-2-218. Process and criteria for designating priority basins or subbasins
85-2-219. and 85-2-220 reserved
85-2-221. Filing of claim of existing water right -- filing late claim
85-2-222. Definition -- filing process -- notice
85-2-223. Public recreational uses
85-2-225. Filing fee -- processing fee for remitted claims
85-2-226. Abandonment by failure to file claim
85-2-229. and 85-2-230 reserved
85-2-231. Temporary preliminary decree, preliminary decree, and supplemental preliminary decree
85-2-233. Hearing on decrees or petition -- procedure
85-2-236. Certificate of water right
85-2-237. Reopening and review of decrees
85-2-238. through 85-2-240 reserved
85-2-243. Department assistance to water judges
85-2-244. through 85-2-246 reserved
85-2-248. Resolution of issue remarks other than by objection
85-2-249. Prioritization of workload
85-2-251. through 85-2-269 reserved
85-2-271. Benchmarks -- action taken if not met -- claims examination priority
85-2-274. and 85-2-275 reserved
85-2-277. and 85-2-278 reserved
85-2-280. Water adjudication account
85-2-281. Reporting requirements