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(1) Points of diversion, places of use, place of storage, and purpose of use not indicated in the original public notice of the reservation, and otherwise not the subject of proceedings authorized in 85-2-316(10) and (11) , MCA, may be included in the reservation at a later date if approved by the board.

(2) An application for change of appropriation water right shall be filed with the department pursuant to 85-2-402, MCA, by the reservant or other entity.

(3) An application for change shall include the information required under ARM 36.16.104 through 36.16.106.

(4) The department shall process the application for change pursuant to 85-2-402, MCA. If the department approves the change it shall give notice to the board on action taken on the application.

(5) The board shall set a date for hearing and direct the applicant to establish at a show cause hearing conducted under the contested case provisions of the Administrative Procedure Act, that the reservation criteria will be met under the approved change. The board shall provide notice of the hearing date by first class mail on persons who according to the department's notice list as determined under ARM 36.16.122 have an interest in the reservation and shall publish such notice at least once in a newspaper of general circulation in each county as determined by the board within the basin 60 days prior to board action.

(6) A person wishing to intervene in the show cause hearing must file a notice with the board 30 days prior to board action.

(7) The applicant shall pay for notice and publication of hearing under this rule as required under ARM 36.16.114.

(8) Any water reservation authorized to be changed shall maintain the priority date of the original water reservation.

(9) A reservant may voluntarily transfer all or any portion of its reservation to a transferee without loss of priority if the transfer is approved by the board.

(10) A water right transfer certificate shall be filed by the reservant with the department pursuant to 85-2-424, MCA.

(11) The transfer certificate shall include an affidavit from the entity receiving the water reservation that:

(a) the entity qualifies to reserve water under 85-2-316(1) , MCA,

(b) the entity agrees to comply with the requirements of 85-2-316, MCA, and the conditions of the water reservation, and

(c) the entity can meet the objectives of the reservation as granted or will be able to meet the objectives under an authorized change in the water reservation.

(12) Transfers of water reservations which involve a change in the original reservations' criteria under 85-2-316(4) , MCA, shall file an Application for Change of Appropriation Water Right according to subsections (2) through (e) above.

(13) All decisions regarding changes and transfers shall reflect a consideration of the decision criteria listed in 85-2-316(4) , MCA and ARM 36.16.107B.

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; AMD, 1989 MAR p. 2066, Eff. 12/8/89; AMD, 1994 MAR p. 1297, Eff. 5/13/94.

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