3-7-502. Jurisdictional disputes
3-7-502. Jurisdictional disputes. 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. History: En. Sec. 2, Ch. 697, L. 1979; amd. Sec. 5, […]
3-7-225. Duties of associate water judge
3-7-225. (Temporary) Duties of associate water judge. 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). (Terminates September 30, 2025–sec. 6, Ch. 126, L. 2017.) 3-7-225. (Effective October 1, 2025) Duties of associate water judge. The duties of the associate water judge are […]
3-7-301. Appointment of water masters — removal
3-7-301. Appointment of water masters — removal. (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 […]
3-7-302. Repealed
3-7-302. Repealed. Sec. 1, Ch. 356, L. 2003. History: En. Sec. 4, Ch. 697, L. 1979; amd. Sec. 3, Ch. 389, L. 1999.
3-7-303. through 3-7-310 reserved
3-7-303 through 3-7-310 reserved.
3-7-311. Duties of water masters
3-7-311. Duties of water masters. (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) After a water judge issues […]
3-7-401. Definitions
3-7-401. Definitions. 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, advisor, or other active participant in the affairs of a party, except that: (a) ownership in a mutual […]
3-7-402. Disqualification of water judge or master
3-7-402. Disqualification of water judge or master. (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 in the following […]
3-7-403. Waiver of disqualification
3-7-403. Waiver of disqualification. 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. History: En. Sec. 7, Ch. 697, L. 1979.
3-7-404. Procedure exclusive
3-7-404. Procedure exclusive. 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. History: En. Sec. 7, Ch. 697, L. 1979.