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36.12.1701    FILING A PERMIT APPLICATION

(1) An application for beneficial water use permit (Form No. 600) must be filed when an applicant desires to use ground water that exceeds 35 gallons per minute or a volume of 10 acre-feet, or  for ground water sources within a controlled ground water area, or for all surface water appropriations.

(2) An application must contain sufficient factual documentation to constitute probable believable facts sufficient to support a reasonable legal theory upon which the department should proceed with the application.

(3) Form No. 600 and the applicable criteria addendum must be completed and must describe the details of the proposed project. The form and addendums must be filled in with the required information.

(4) Each source of supply requires a separate application. For example, if an application is for two diversions, one on an unnamed source and another on a source to which it is tributary, two separate applications must be submitted, one for each source of supply.

(5) One application is allowed for one purpose and multiple points of diversion.

(6) One application is allowed for several purposes if all the points of diversion supply the same purposes.

(7) Separate applications are required if multiple purposes are supplied by different points of diversion on the same source, except if the entire project is manifold into one system, then a single application is allowed. "Manifold" means two or more diversions from the same source, which are connected into a single system for the same project or development. An example of a manifold system is two pumps on one source or two wells pumping from the same aquifer which divert water into the same reservoir or cistern.

(8) Calculations, references, and methodologies used to determine flow rate, volume, or reservoir capacity must be included in the application materials.

(9) Flow rate (in gallons per minute [gpm] or cubic feet per second [cfs]) , volume (in acre-feet) or reservoir capacity (in acre-feet) figures will be rounded to the nearest tenth.

(10) The source name standards outlined in ARM 36.12.114 must be followed.

(11) The legal descriptions for the point of diversion and place of use must be identified as required under ARM 36.12.110.

(12) The period of diversion standards outlined in ARM 36.12.112 must be followed.

(13) The reservoir standards outlined in ARM 36.12.113 must be followed if an application involves a reservoir.

(14) The permit application materials must include a general project plan stating when and how much water will be put to beneficial use. For appropriations over 4,000 af or more and 5.5 cfs or more, or for water marketing, additional information is required by 85-2-310 (4) (a) , MCA.

(15) Photographs must include the name of the photographer, the date taken, and an explanation of what fact or issue the photograph is offered to verify.

(16) If there are associated water rights to the application, they must be identified and additional information may be required.

(17) If a permit application is to supplement another water right, the water right numbers and abstracts of the associated water rights must be included in the application.

(18) An explanation of why supplemental water is needed and how the associated water rights will be managed must be included in the application materials.

(19) The flow rate at which water will be diverted from the source of supply for each purpose, a reasonable volume of water for each purpose, and the period of time that water will be used for each purpose must be identified.

(20) An application to only increase the flow rate or volume must reflect a value of zero in the nonapplicable field. For example, if an applicant is applying to only increase the flow rate of water taken from a source, but no additional volume is needed, the application flow rate blank should be completed with the additional flow of water requested and the blank for acre-feet (volume) should reflect zero.

(21) Information must be included in the application that explains why the time period for completion is requested.The explanation may include information about the cost and magnitude of the project and the complexity of the project or any other reason for the time period identified to complete the project.

(22) An applicant shall explain why required information is not applicable to the applicant's proposed project.

 

History: 85-2-113 and 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.

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