(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
(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
(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
(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
(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.