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36.12.1401    PERMIT AND CHANGE APPLICATION MODIFICATION

(1) Any element of a permit or change application may be modified prior to the department's issuance of a preliminary determination.

(2) An applicant may change the name on an application before publication by notifying the department in writing. For name changes after an application has been published and objections have been received, an applicant must notify the department and all parties in writing.

(3) The priority date of a permit application or the date received of a change application will be changed to the date the last modification was made if a modification changes the nature or scope of the permit or change application information. A change in the nature or scope of the permit or change includes the following types of modifications:

(a) the flow rate is increased;

(b) the volume is increased;

(c) the acreage is increased;

(d) the period of diversion is expanded;

(e) the source of supply is changed;

(f) the point of diversion is changed;

(g) the place of use is changed;

(h) the purpose is changed;

(i) the period of use is expanded, unless the application involves a use from a reservoir and the impact would not change; and

(j) any modification where the effect on the source of supply or its tributaries changes the impact described from the originally submitted information.

(4) If an applicant decides at any point in the water right application process to complete a different application for the same project, the applicant must complete a new application form. The date received will be the date the new application is submitted to the department. The department will review the application based on the requirements for that type of application

History: 85-2-113, MCA; IMP, 85-2-302, 85-2-307, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12.

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