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(1) Any element of a permit or change application may be modified prior to or after an application has been published.

(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) If a modification requires republication, 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.

(4) Republication is required if a modification changes the nature or scope of the permit or change application information. The following require republication:

(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 published information.

(5) For modifications made after an application has been published, the cost of republication and mailing of individual notices must be paid by the applicant.

(6) A new analysis of the application criteria must be submitted when an application modification requires republication and the department will make a new correct and complete determination on the modifications prior to republication.

(7) 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 and 85-2-307, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.

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