85-2-222. Exemptions -- petition for determination. (1) Claims for existing rights for livestock and individual uses as opposed to municipal domestic uses based upon instream flow or ground water sources and claims for rights in the Powder River basin included in a declaration filed pursuant to the order of the department or a district court issued under sections 8 and 9 of Chapter 452, Laws of 1973, or under sections 3 and 4 of Chapter 485, Laws of 1975, are exempt from the filing requirements of 85-2-221(1).
     (2) The owner of an existing right exempt from filing under this section who did not voluntarily file a claim may request a judicial determination from the water court of the existing water right at least 90 days prior to issuance of a final decree pursuant to 85-2-234 or upon the reopening of a final decree pursuant to 85-2-237, whichever occurs later.
     (3) To request a judicial determination of an existing right exempt from filing, the owner shall:
     (a) file a petition in the water court and pay a filing fee, including the cost of examination by the department under 85-2-243;
     (b) submit information required by 85-2-224(1) and (2) on a form provided by the department; and
     (c) provide and pay for the notice required by 85-2-233(6).
     (4) A claim of an existing right undergoing judicial determination pursuant to this section constitutes prima facie proof of its content.
     (5) The provisions of 85-2-233, 85-2-243, and 85-2-248, as well as supreme court examination rules, apply to petitions for judicial determination under this section, except that the department may not resolve issue remarks.
     (6) Failure to file a claim for an existing right exempt under this section or failure to request a judicial determination for an existing right exempt under this section:
     (a) does not result in the forfeiture of an existing water right; and
     (b) subordinates the existing right to all other water rights except those that are exempt from this section and for which there has been neither a claim filed nor a judicial determination sought.

     History: En. Sec. 11, Ch. 697, L. 1979; amd. Sec. 1, Ch. 323, L. 2013.