Montana Statutes

§ 85-2-214 — Commencement Of Action

Montana·Title 85 WATER USE·Ch. 2 SURFACE WATER AND GROUND WATER·Part 2 Adjudication of Water Rights

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.

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Legislative History

En. Secs. 6, 20, Ch. 697, L. 1979; amd. Sec. 2757, Ch. 56, L. 2009.

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