Montana § 85-2-243 - Department Assistance To Water Judges

§ 85-2-243. Department Assistance To Water Judges

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.