Montana Code Annotated
Part 2. Adjudication of Water Rights
85-2-225. Filing fee -- processing fee for remitted claims

85-2-225. Filing fee -- processing fee for remitted claims. (1) Each claim filed under 85-2-221 must be accompanied by a filing fee in the amount of $40, subject to the following exceptions:
(a) the total filing fees for all claims filed by one person in any one water court division may not exceed $480; and
(b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.
(2) A claim that is exempt from the filing requirements of 85-2-221(1) but that is voluntarily filed must be accompanied by a filing fee in the amount of $40. Exempt claims for a single development with several uses if filed simultaneously may be accompanied by a filing fee in the amount of $40.
(3) (a) In addition to the filing fee set forth in subsection (1), each statement of claim filed under 85-2-221(3) must be accompanied by a processing fee in the amount of $150, which must be deposited in the general fund.
(b) The water judge shall assess against the late claimant all reasonable administrative costs and expenses that may be incurred by the court due to the filing of the late claim and the consideration of the objection, and the assessment must be deposited in the general fund.
(4) Each claim filed under 85-2-222 must be accompanied by a filing fee in the amount of $130, except that:
(a) the total filing fees for all claims under 85-2-222 filed by one person in any one water court division may not exceed $1,560; and
(b) a filing fee is not required to accompany a claim of an existing right that is included in a decree of a court in the state of Montana and that is accompanied by a copy of that decree or pertinent portion of the decree.
History: En. Sec. 18, Ch. 697, L. 1979; amd. Sec. 1, Ch. 253, L. 1981; amd. Sec. 5, Ch. 268, L. 1981; amd. Sec. 5, Ch. 629, L. 1993; amd. Sec. 28, Ch. 389, L. 1999; amd. Sec. 70, Ch. 44, L. 2007; amd. Sec. 4, Ch. 338, L. 2017.

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