85-2-243. Department assistance to water judges. (1) The department, subject to the direction of the water judge, shall:
(a) provide such information and assistance as may be required by the water judge to adjudicate claims of existing rights;
(b) establish information and assistance programs to aid claimants in the filing of claims for existing rights required by 85-2-221;
(c) conduct field investigations of claims that the water judge in consultation with the department determines warrant investigation; and
(d) provide the water judge with all information in its possession bearing upon existing rights, including all declarations filed with and all information gathered by the department with respect to existing rights in the Powder River basin.
(2) Department assistance to a water judge must be without cost to the judicial districts wholly or partly within the affected water division. Expenses incurred by the department under subsection (1) must be paid from the money appropriated to it for the adjudication program by the legislature to carry out its function under subsection (1) and when that appropriation is expended then the department is no longer required to provide further assistance.
History: En. Sec. 21, Ch. 697, L. 1979; amd. Sec. 8, Ch. 651, L. 1987.
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