85-2-224. Statement of claim. - Montana Statutes

     85-2-224. Statement of claim. (1) The statement of claim for each right arising under the laws of the state and for each right reserved under the laws of the United States that has been actually put to use must include substantially the following:
     (a) the name and mailing address of the claimant;
     (b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;
     (c) the quantities of water and times of use claimed;
     (d) the legal description, with reasonable certainty, of the point or points of diversion and places of use of waters;
     (e) the purpose of use, including, if for irrigation, the number of acres irrigated;
     (f) the approximate dates of first putting water to beneficial use for the various amounts and times claimed in subsection (1)(c); and
     (g) the sworn statement that the claim set forth is true and correct to the best of claimant's knowledge and belief.
     (2) A claimant filing a statement of claim under subsection (1) shall submit maps, plats, aerial photographs, decrees, pertinent portions of those documents, or other evidence in support of the claim. All maps, plats, or aerial photographs should show as nearly as possible to scale the point of diversion, place of use, place of storage, and other pertinent conveyance facilities.
     (3) Any statement of claim for rights reserved under the laws of the United States that have not yet been put to use must include substantially the following:
     (a) the name and mailing address of the claimant;
     (b) the name of the watercourse or water source from which the right to divert or make use of water is claimed, if available;
     (c) the quantities of water claimed;
     (d) the priority date claimed;
     (e) the laws of the United States on which the claim is based; and
     (f) the sworn statement that the claim set forth is true and correct to the best of the claimant's knowledge and belief.

     History: En. Sec. 13, Ch. 697, L. 1979; amd. Sec. 2, Ch. 667, L. 1985; amd. Sec. 2759, Ch. 56, L. 2009.