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36.12.103    FORM AND SPECIAL FEES

(1) A filing fee, if required, shall be paid at the time the permit, change, notice of completion, extension of time request, temporary change renewal, ownership update, exempt water right, or petition application (hereafter singularly or collectively referred to as application) is filed with the department. The department will not process any application without the proper filing fee. Failure to submit the proper filing fee within 30 days after notice shall result in a determination that the application is not in good faith, does not show a bona fide intent, and it shall be terminated. An application fee is a one-time filing and processing fee paid at the time of application.

(a) For an Application for Beneficial Water Use Permit, Form No. 600, there shall be a fee of $400, except for a groundwater well application with an appropriation of 35 gpm or less, not to exceed 10 acre-feet, filed pursuant to the United States National Park Service-Montana Compact, Article II, section B.2.ii(3)(b) or Article IV, section G.2.b.i.(1), or located within the boundaries of a temporary controlled groundwater area, the fee shall be $200.

(b) For an Interim Permit, there shall be a fee of $50 in addition to (1)(a).

(c) For a Notice of Completion of Groundwater Development (for groundwater developments with a maximum use of 35 gpm or less, not to exceed 10 acre-feet per year), Form No. 602, there shall be a fee of $50.

(d) For an Application for Provisional Permit for Completed Stockwater Pit or Reservoir (maximum capacity of the pit or reservoir must be less than 15 acre-feet), Form No. 605, there shall be a fee of $50.

(e) For an Application to Change a Water Right, Form No. 606, there shall be a fee of $400, except when:

(i) the change application concerns a replacement well, greater than 35 gpm or 10 acre-feet or a municipal well that does not exceed 450 gpm, or reservoir in the same source; or

(ii) the change application concerns only moving or adding stock tanks to an existing system.

(iii) There shall be a fee of $100.

(f) For an Application for Extension of Time, Form No. 607, there shall be a fee of $100.

(g) For a Water Right Ownership Update, Form No. 608, there shall be a fee of $50, plus $10 for each water right transferred after the first water right, not to exceed a maximum of $300.

(h) For filing an Objection to Application, Form No. 611, there shall be a fee of $25.

(i) For an Application to Renew a Temporary Water Right Change, Form No. 626, there shall be a fee of $100.

(j) For a Notice of Exempt Water Right, Form No. 627, there shall be a fee of $50.

(k) For a Controlled Groundwater Area Petition, Form No. 630, there shall be a fee of $500 for filing this petition form, plus the petitioner shall also pay reasonable costs of giving notice including the newspaper and individual notice costs, printing and mailing costs, holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-506 and 85-2-507 , MCA, except the cost of salaries of the department personnel.

(l) For a Petition for Closure of a Highly Appropriated Basin, Form No. 631, there shall be a fee of $500 for filing this petition form, plus the petitioner shall also pay reasonable costs of giving notice including the newspaper and individual notice costs, printing and mailing costs, holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-319 , MCA, except the cost of salaries of the department personnel.

(m) For reinstating a permit or change authorization, there shall be a fee of $25.

(n) For a Replacement Well Notice, Form No. 634, there shall be a fee of $50.

(o) For a Redundant Well Construction Notice, Form No. 635, there shall be a fee of $50.

(2) There shall be no fees charged for filing the following forms:

(a) Form No. 608A, Addendum to Water Right Ownership Update Form for Apportioned Water Right;

(b) Form No. 617, Project Completion Notice of Permitted Water Development;

(c) Form No. 618, Project Completion Notice for Change of a Water Right;

(d) Form No. 625, Correction to a Water Right.

(3) The department will charge special fees not to exceed reasonable amounts for the following services:

(a) microfilm, reader-printer copies;

(b) photostatic copies;

(c) requested computer services;

(d) blueprints or tracings;

(e) costs associated with contracting for professional hearings officer services;

(f) audio copy of hearing.

History: 85-2-113, MCA; IMP, 85-2-113, 85-2-312, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03.

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