Title 3, Title 3

The term of office for water judges is from the date of initial appointment as provided in 3-7-201 to June 30, 1985. After June 30, 1985, the term of office of a water judge is 4 years, subject to continuation of the water divisions by the legislature.

If a vacancy in the office of water judge occurs, it must be filled in the manner provided in 3-7-201 for the initial designation of a water judge. A vacancy is created when a water judge dies, resigns, retires, is not elected to a subsequent term, forfeits the judicial position,…

(1) The Montana supreme court shall supervise the activities of the water judges, water masters, and associated personnel in implementing this chapter and Title 85, chapter 2, part 2. (2) The supreme court shall pay the expenses of the water judges and the salaries and expenses o…

Except as provided in 85-20-1902, the district court having jurisdiction over the hydrologically interrelated portion of a water division, as described in 85-2-231(3), in which the controversy arises may appoint and supervise a water commissioner as provided for in Title 85, chap…

The district court having jurisdiction may enforce the provisions of a final decree. In the absence of any final decree having been issued, the district court having jurisdiction may enforce the provisions of a temporary preliminary decree, preliminary decree, or supplemental pre…

(1) The chief justice of the Montana supreme court shall appoint a chief water judge as provided in Title 3, chapter 1, part 9. The chief justice of the Montana supreme court may appoint an associate water judge. (2) To be eligible for the office of chief water judge or associate…

(1) The chief water judge and the associate water judge must receive the same salary and expense allowance as provided for district judges in 3-5-211. (2) The office of the chief water judge and the associate water judge must be at the location designated by the chief justice of …

The chief water judge shall: (1) administer the adjudication of existing water rights by: (a) coordinating with the department of natural resources and conservation in compiling information submitted on water claim forms under Title 85, chapter 2, part 2, to ensure that the infor…

(1) The chief water judge and the associate water judge may, at the discretion of the chief justice of the Montana supreme court, also serve as water judge for one of the water divisions. (2) The chief water judge and the associate water judge have jurisdiction over cases certifi…

The duties of the associate water judge are the same as those assigned to the chief water judge pursuant to 3-7-223(1) through (3).

(1) The chief water judge or the water judge in each water division may appoint one or more water masters. (2) A water master may be appointed after July 1, 1980, and must be appointed on or before July 1, 1982. (3) In appointing a water master, the water judge shall consider a p…

(1) The water master has the general powers given to a master by Rule 53(c), M.R.Civ.P. (2) Within a reasonable time after June 30, 1983, the water master shall issue a report to the water judge meeting the requirements for the preliminary decree as specified in 85-2-231. (3) Aft…

For the purposes of this part, the following definitions apply: (1) "Fiduciary" includes such relationships as executor, administrator, trustee, or guardian. (2) "Financial interest" means ownership of a legal or equitable interest, however small, or a relationship as director, a…

(1) A water judge may withdraw or may disqualify the water master in any proceeding or pertinent portion of a proceeding in which the judge's or the water master's impartiality might reasonably be questioned. (2) A water judge may also withdraw or may disqualify the water master …

A water judge may accept from the parties to the proceeding a waiver of any ground for disqualification if it is preceded by a full disclosure on the record of the basis for disqualification.

The procedure for disqualification of a water judge or water master specified in this section is exclusive unless otherwise specifically altered by the Montana supreme court.

(1) The jurisdiction of each judicial district concerning the determination and interpretation of cases certified to the court under 85-2-309 or of existing water rights is exercised exclusively by it through the water division or water divisions that contain the judicial distric…

Whenever a question arises concerning which water judge shall preside over adjudication of a matter concerning a case certified to the court under 85-2-309 or the determination and interpretation of existing water rights, the question shall be settled by the water judges involved…