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36.12.107    FILING FEE REFUNDS

(1) An applicant may be entitled to a refund if the applicant withdraws an application prior to public notice or a deadline set by the department for the applicant to make an application correct and complete.

(2) No refund will be authorized if substantial direct processing costs have been accrued in making the application correct and complete prior to publication or department waiver of publication.

(3) No refund will be authorized upon termination of an application due to an applicant’s failure to provide additional information necessary to make an application correct and complete within the deadlines provided by the department.

(4) No refund will be authorized once the public notice of the application has been initiated.

(5) If an applicant inadvertently files the wrong form, the applicant may apply the fee paid to the fee required for the correct form, pay the difference due, or be entitled to a refund if overpayment is made.

(6) If a water right application is withdrawn within 30 days after the objection deadline, the Objection to Application filing fee will be refunded.

(7) A refund of the Objection to Application filing fee will not be authorized if a person objecting to a proposed application under 85-2-308, MCA, does not correct the deficiencies identified in the Objection Deficiency Notice by the deadline specified in the notice.

(8) With the exception of (6), a refund of the Objection to Application filing fee will not be authorized.

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-113, 85-2-302, MCA; NEW, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 567, Eff. 3/28/08.

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