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36.16.104    APPLICATIONS - GENERAL

(1) Each application for reservation of water shall be accompanied by a completed Form 610A or 610B, available from the department, and shall be submitted to the board through the Water RESOURCES DIVISION of the department, 1520 East Sixth Avenue, Helena, Montana 59620-2301. A fee of $100 shall be submitted with the application.

(2) The applicant shall submit the original and four copies of an application at the time of filing with the board. Oversized maps and design plans need only accompany the original.

(3) The application must be typed, printed, or otherwise legibly reproduced on 8½" x 11" paper, or as otherwise approved in writing by the department.

(4) The application must be submitted in a looseleaf format to facilitate the addition of updated material, except for oversized material such as maps and overlays which must be presented as attachments.

(5) The text and appendices must be consecutively numbered in a manner that provides each page in the application with a unique page number.

(6) An application must contain a list of persons involved in developing information used in preparing the application, including those involved in field investigations and professional consultations.

(7) The application must be organized in the following order:

(a) table of contents;

(b) summary, as required in ARM 36.16.105(1) ;

(c) a description of the purpose, as required in ARM 36.16.105(2) ;

(d) an analysis of need, as required in ARM 36.16.105A;

(e) an analysis of the amount of water requested and water availability, as required in ARM 36.16.105B;

(f) information to support that the reservation is in the public interest, as required in ARM 36.16.105C;

(g) a management plan, as required in ARM 36.16.106; and

(h) a bibliography, appendices, and attachments, where appropriate.

(8) The department shall return an incorrect or incomplete application to the applicant for correction or completion as required in ARM 36.16.107(2) . An application will not be considered and acted upon by the board until the filing fee has been submitted and the application is found to be correct, complete, and in compliance with the act and these rules.

(9) An applicant may request the department to provide assistance in preparing a reservation application. Department assistance in the preparation of reservation applications shall not require the department to support such applications in making any recommendations to the board for findings pursuant to ARM 36.16.107B.

(10) Prior to submitting a final application, an applicant may request that the board waive any application content requirements of ARM 36.16.105, 36.16.l05A, 36.16.l05B, 36.16.105C, and 36.16.106 that may not be required by statute. The board may grant the waiver if the applicant shows good cause and the board determines that the waiver will not seriously impair its ability to fulfill its responsibilities under ARM 36.16.107A and 107B.

History: Sec. 85-2-113 MCA; IMP, Sec. 85-2-316, 85-2-331, 85-2-605 MCA; NEW, Eff. 3/7/76; AMD, 1986 MAR p. 1584, Eff. 9/26/86; AMD, 1988 MAR p. 2396, Eff. 11/11/88.

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