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36.16.107    PROCESSING APPLICATIONS AND MONITORING RESERVATIONS - DEPARTMENT RESPONSIBILITIES

(1) The department will, upon request, assist the applicant by responding to questions regarding the interpretation and requirements of these rules. The department may review draft applications prior to final submittal. The department shall provide access to and assistance in the interpretation of water rights records, water availability information, or other needed data maintained by the department.

(2) The department shall determine if an application is correct and complete within 90 days after an application has been submitted along with the required application fee. To be determined as correct and complete, a water reservation application shall meet all requirements of ARM 36.16.104, 36.16.105, 36.16.105A, 36.16.105B, 36.16.105C and 36.16.106. A determination that an application is correct and complete is in no way a judgment on the part of the department on the merits of the reservation proposal. The department must notify the applicant in writing of any deficiencies. Unless otherwise provided in ARM 36.16.117, an application returned to an applicant as not being correct or complete must be resubmitted to the department within 60 days of its return to the applicant or it will be terminated, unless the applicant requests and receives written approval from the department for an extension of time. All department staff who provided technical assistance in the preparation of the application or participated in the review shall be listed in a memorandum to be attached to the application file.

(3) As provided by 85-2-316(3) , MCA, a correct and complete application for reservation of water will be processed in accordance with 85-2-307 through 85-2-309, MCA. Public notice of the application and a public hearing on objections to the application, if any, are required.

(4) After an application has been found correct and complete, the department shall prepare an environmental impact statement, if required, in accordance with 75-2-101 through 75-2-207, MCA.

(5) The department may evaluate applications and perform analyses necessary to make recommendations to the board for findings pursuant to ARM 36.16.107B and for any other analysis requested by the board.

(6) The department may evaluate annual reports submitted by reservants regarding progress in applying reserved water to beneficial use. On the basis of such evaluations, the department shall prepare a report to the board regarding any needed action.

(7) The department shall review all change and transfer proceedings required in ARM 36.16.118 and provide information and options to the board for action on changes or transfers.

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; AMD, 1994 MAR p. 1297, Eff. 5/13/94.

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