In re HurdAnnotate this Case
The Supreme Court affirmed the order of the water court denying Robert and Carol Hurds' motion to amend the water right for a groundwater well on the grounds that the untimeliness of the motion meant the water court lacked jurisdiction to adjudicate the requested modification, holding that there was no error.
In 2017, the Montana legislature established a June 30, 2019 deadline for exempt water rights holders to file a statement of claim. The deadline passed without the Hurds filing a statement of claim for their exempt water right. In 2021, the Hurds filed a motion to amend a statement of claim under Mont. Code Ann. 85-2-233(6). The water court concluded that it had no jurisdiction to modify a statement of claim for the Hurds because they hadn't properly filed a claim to amend. The Supreme Court affirmed, holding that the water court correctly denied the Hurds' motion for lack of jurisdiction.