36.16.105C APPLICATION CONTENT - PUBLIC INTEREST
(1) In making a showing that the reservation is in the public interest, the application shall contain the
(a) An analysis of the direct benefits and costs associated with applying reserved water to the proposed beneficial use.
(b) A discussion of the indirect benefits and costs associated with applying water to beneficial use that considers the
(i) effects on future economic activity;
(ii) effects on the environment;
(iii) effects on public health and safety; and
(iv) the economic opportunity costs that
the requested flow may have to parties other than the reservant.
(c) A discussion of the effects of not granting the reservation, including a description of reasonable
alternative actions that could be taken if the reservation is not granted.
(d) Where the reservation would require withdrawal and transport for use outside
the state, a discussion of:
(i) whether the reserved water could otherwise be transported to alleviate water
shortages within Montana;
(ii) the demand on the available water supply in the state where the water will be
applied to use; and
(iii) the effect of the
proposed out-of-state water use on the welfare of Montana citizens.
History: Sec. 85-2-113 MCA; IMP, Sec. 85-2-316, 85-2-331, 85-2-605 MCA; NEW, 1986 MAR p. 1584, Eff. 9/26/86.