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(1) The applicant must identify the water rights which the applicant determines may be affected by the changes the applicant is proposing to make and must provide a department general abstract of the water rights identified.

(2) The applicant must identify, analyze, and document the effects to the other water rights including, but not limited to, the following:

(a) water rights using the existing or proposed point of diversion;

(b) other ditch users;

(c) down-slope water users;

(d) the effect to water rights dependent on the return flow;

(e) the effects of changing the historic diversion pattern including rate and timing of depletions;

(f) for ground water applications, the applicant shall explain how the changed water right will affect water levels in wells of junior and senior water rights and the rate and timing of depletions from hydraulically connected surface waters, and what effect those changes will have on those water rights within the notice area.

(3) A comparison between the historic consumptive use of the water rights being changed and the consumptive use if the change application was granted must be included with the application.

(4) After an application is deemed correct and complete, for public notice purposes, the department shall, independent of the information provided by the applicant under this chapter, identify existing water right owners that may be affected by the proposed application.

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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