Are you interested in historic water use, water rights, maps, and aerial photo interpretation? Would you find working in a career that has both legal and technical challenges interesting? Would you like assisting water right owners? If so, consider working for the Department of Natural Resources and Conservation Water Resources Division in Billings, MT.
At DNRC we are passionate about ensuring that Montana’s land and water resources remain a benefit today and for future generations. We are actively seeking an Adjudication Specialist who values the vast resources in our treasure state as much as we do.
The DNRC believes employees are their most important asset. The DNRC empowers employees to exercise professional judgment in carrying out their duties. Employees are provided with the training and tools necessary to achieve the mission. Both team effort and individual employee expertise are supported and sustained.
WORK UNIT OVERVIEW: The Water Resource Division is responsible for managing Montana’s water for the present and future needs of its people. We compile accurate, up-to-date stream flow data from more than 90 monitoring gages, providing critical data for managing reservoirs, irrigation schedules, water rights permitting and adjudication, implementation of Montana’s water compacts, floodplain management and other services for farmers, ranchers, citizens and communities. We also manage the operation and maintenance of 24 state-owned dams and 250 miles of irrigation canals.
JOB OVERVIEW: The Adjudication Specialist (Specialist) performs a variety of duties associated with managing Montana’s water resources. The Specialist works primarily with the adjudication programs in the Billings Regional Office. The Specialist analyzes statements of claim filed in the adjudication process, water right records, and other data sources to identify legal and factual issues, perform aerial photograph and regional analyses, interview claimants, synthesize this data, and report findings to the Water Court. As decrees are issued, the Specialist evaluates and prepares comments regarding potential DNRC objections. The Specialist also performs investigations, gives testimony in water rights cases, and provides assistance to the Water Court in collecting, checking, processing, recording, and maintaining water right claims, evidence, records, and case documents. The Specialist provides assistance and information to other agencies and the public regarding state water use laws, water availability, and local water use patterns. The program also provides information and support for the state water rights records system.
This position requires knowledge of Montana water law, relevant interstate and reserved water compacts, rules, policies, procedures, and government operations. The person in this position will need to have skill in reading, understanding, and interpreting land descriptions, as well as the ability to convey complex laws and technical information to the public in a clear and concise manner. An expertise in records research and report writing are also desirable. This position will also require the ability to understand water uses, measurements, and issues.
These job functions are the essential duties of the position and are not all-inclusive of all the duties that may be assigned to the incumbent.
WATER RIGHT INVESTIGATIONS AND ANALYSIS
- Analysis of water use, availability, and management:
- The specialist evaluates the accuracy of formal claims to historical water use following Supreme Court rules. The specialist reviews technical water information in proposed and final orders and reviews and makes technical comments to the Water Court water master’s proposed orders, reports, and stipulations. Because water rights are permanent private property rights, these decisions have a profound effect on the water user, the public, and other state, federal, and international agencies.
- The specialist may be required, through department involvement or by subpoena, to appear as an expert witness providing testimony, expert opinions, and supporting evidence in department contested-case hearings, Water Court hearings and conferences, and district court hearings. Issues are often contentious and involve debate and hostility among disputing parties and the state. Develops and provides evidence to settle objections to proposed water use developments and Water Court decrees.
- The specialist provides technical and investigative assistance to department attorneys and the Water Court.
- Water management data gathering, analysis and presentation:
- The specialist gathers field data and provides information on a variety of water issues such as water availability, water uses, site-specific groundwater and surface water problems, water diversion and conveyance facilities, and other water issues. Methods are customized for individual situations. This information may be requested by and provided to water users, attorneys, and the Water Court.
- Reviews and interprets maps and aerial photos to locate specific resource features such as topography, points of water diversion, ditches, canals, and water conveyance facilities.
- May participate in public meetings to present information, decisions, or proposed solutions.
- Scientific investigations regarding water resources:
- The specialist plans and conducts scientific field examinations for a variety of water-related purposes. Examinations are tailored to address specific issues and purposes. Field investigations may involve measuring flow rates and volumes of water used; confirming that the point of diversion and place of use are correct as specified on a claim.
- Collects and analyzes watershed measurements using mean annual runoff maps and other drainage area information to project yield, flow rates and volumes in the absence of actual stream data.
- Investigations are conducted based on various department programs including new appropriations and adjudication of water rights, dam safety, floodplain management, water measurement, state project management and maintenance, water planning and management, water well standards, water reservations and others. Investigations include information gathering, documentation and sometimes conflict resolution and problem solving.
- Water Distribution Project:
- Work with the Montana Water Court researching, preparing maps for water distribution projects administrated by the Montana District Courts. Research pertinent Water Court and District Court orders. Prepares distribution maps for use by the Water Court, District Court, and water commissioners for the enforcement of requested source(s). Provide detail maps of diversions and ditches.
- Specialists prepare three reports for each project for the Water Court and the District Court that has jurisdiction over the requested source(s). Sources include surface, and at times groundwater, sources that include pre-1973 statements of claim and post-1973 water right changes (change authorizations, exempt rights, permits, and reservations).
- The Water Court and/or District Courts often hold public meetings in conjunction with these projects, and when asked, the DNRC also attends public meetings to explain the diversion numbering system and the process involved in generating the indexes. If errors are identified, they are corrected by the DNRC.
- Monitors head gates and other diversions within a distribution project, collect flow rates and other requested information for water commissioners to use for the enforcement of the included source(s).
PUBLIC ASSISTANCE, COMPLAINTS, AND DISPUTE RESOLUTION
- Public Assistance:
- The specialist researches water use information, well log information and land ownership records specific to individual requests. Research requests require providing precise information and interpretations using a variety of sources including the Montana Water Court’s water right decrees, the DNRC statewide water right database, district court decrees, county clerk and recorder records, county assessor tax records, and other department records.
- Compiles research information to develop reports and create GIS maps for the general public, attorneys, water users, consultants, and the Water Court.
- The specialist must often present information that is contrary to the opinions of others and may face debate and confrontation. The specialists may interpret and tailor information to fit individual situations. Considerable economic investment and land use decisions may be based on the accuracy of the information provided by the specialist.
- Dispute resolution:
- The specialist gathers and analyzes the facts and laws related to the situation and suggests alternatives to find middle ground and satisfy objectors and claimants.
- The specialist must contend with opposition and antagonism in attempts to resolve the objections. The specialist must apply dispute resolution techniques combined with technical water expertise, and knowledge of department policies and procedures to resolve objections. The specialist must maintain an unbiased position in dealing with disputes.
OTHER DUTIES AS ASSIGNED: The specialist performs a variety of other professional and technical duties in support of Division and Regional Office operations. This includes activities such as attending training and educational programs, meetings, and conferences; representing the Department to local groups and communities; and reviewing and commenting on Division administrative and technical policies and procedures. Completes administrative functions including providing input on regional office annual operations plan, work plans, budgets, development plans, and other related duties as assigned. Participates on teams for hiring regional office personnel. Serves as acting regional/deputy regional manager as requested. Participates in annual performance appraisal process.
APPLICATION AND SELECTION PROCESS: The DNRC may include the following factors in determining whether an applicant meets the qualifications of a position vacancy by: State of MT application form, cover letter, current resume, educational requirements, structured interview, a performance test, job-related reference checks, job-related work experience, job-related past and current performance.
REQUIRED APPLICATION MATERIALS FOR THIS POSITION ARE:
- State Application
- Cover Letter
TIP: When attaching your resume, cover letter and other material, you must mark the attachments as “relevant”
If you have any questions regarding this position, please email Kellie Richetti at KRichetti@mt.gov
Minimum Qualifications (Education and Experience):
- Bachelor’s degree in natural resource management or the natural sciences.
- One year of experience with water-resource management.
- Other combinations of education and experience may be substituted.
- Knowledge of Montana water law, relevant interstate and reserved water compacts, rules, policies, procedures, and government operations.
- Knowledge of water resource-related management theories, principles, concepts and practices; field investigation methodologies; and negotiation, and conflict resolution techniques.
- Knowledge of local water availability, water use practices, water measurement techniques and devices, irrigation methods and designs, public land ownership records, court decrees and orders.
- Knowledge of local, state, and federal governmental administrative processes.
Special Information: Candidates must be eligible to work in the United States. A valid driver’s license is required with less than 12 conviction points in the most recent completed 36 months.
Eligibility to Work: In accordance with the Immigration Reform and Control Act, the person selected must produce within three days of hire documents that show authorization to work in the United States. Examples of such documentation include a birth certificate or Social Security card along with a driver’s license or other picture I.D., or a U.S. passport, or a “green card”.
Applicant Pool Statement: If another department vacancy occurs in this job title within six months, the same applicant pool may be used for the selection. Training Assignment: Not Applicable
25.55 – 25.55 Hourly Telework Eligibility: Telework Eligible (Full-time telework is not available. Telework schedule must be supervisor approved.) Benefits Package Eligibility: Health Insurance, Paid Leave & Holidays, Retirement Plan
Number of Openings: 1
Employee Status: Regular
Shift: Day Job
Travel: Yes, 5 % of the Time
Primary Location: Billings
Agency: Department of Natural Resources & Conservation Union: 000 – None
Posting Date: Mar 10, 2023, 8:17:04 PM
Closing Date (based on your computer’s timezone): Apr 10, 2023, 8:59:00 AM
Required Application Materials: Cover Letter, Resume, References
Contact Name: Kellie Richetti | Contact Email: firstname.lastname@example.org | Contact Phone: 406-444-0513
The State of Montana has a decentralized human resources (HR) system. Each agency is responsible for its own recruitment and selection. Anyone who needs a reasonable accommodation in the application or hiring process should contact the agency’s HR staff identified on the job listing or by dialing the Montana Relay at 711. Montana Job Service Offices also offer services including assistance with submitting an online application.
State government does not discriminate based on race, color, national origin, religion, sex, sexual orientation, gender identity or expression, pregnancy, childbirth or medical conditions related to pregnancy or childbirth, age, physical or mental disability, genetic information, marital status, creed, political beliefs or affiliation, veteran status, military service, retaliation, or any other factor not related to merit and qualifications of an employee or applicant.