(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.