(1) The board may approve, deny, or condition the requested reservation subject to such terms it considers appropriate. The board may grant a reservation for less than the amount of water requested in an application, but in no case may it grant a reservation for more water than is requested.

(2) If an order reserving water is issued by the board with conditions, the board shall allow the applicant a prescribed period of time to revise its management plan in response to board conditions.

(3) When several applications are being considered concurrently within the same drainage basin, the board shall establish the priority of granted reservations by the chronological order in which the reservations are adopted pursuant to 85-2-316(9) , MCA, or by the order of the board for reservations within the Missouri Basin or Little Missouri Basin pursuant to 85-2-331, MCA. Such priorities will be established only after a consideration of the positive as well as detrimental effects of establishing such priorities on applicants.

(4) The board may subordinate a water reservation to a permit issued if the permit application was accepted by the department before the date of the board order granting the reservation. The board may provide for subordination only if it finds that such permits would not substantially interfere with the purpose of a reservation. The board may consider subordination after issuing its order reserving water. The hearing convened in the matter of objections to the reservations may be separated into two proceedings to consider the establishment of the water reservations and the subordination of those reservations independently. A request to subordinate a water reservation to a permit may be initiated by the board, the department, or by petition of an affected permittee. The record of evidence and testimony presented at the hearing establishing the reservations will be considered part of the record in the hearing on subordination. Additional evidence and testimony limited to the matter of subordination may be presented. The person seeking the subordination has the burden to prove by preponderance of evidence the criteria in 85-2-316(9) (d) , MCA. Notice of the hearing shall be provided to all affected permittees, permit applicants, reservants, and all parties who participated in the hearing on the matter of establishing the reservations. A separate final order may then be issued by the board on the matter of subordination.

(5) A permit does not substantially interfere with the purpose of a reservation if the reservation is not significantly diminished in value as defined in ARM 36.16.105A through 36.16.105C from water use under the permit.

(6) Substantial interference with the purpose of a reservation may result from water use under an individual permit or from the cumulative effect of water use under two or more permits. The board may subordinate a reservation to water use under only those permits, in order of priority, which cumulatively would not result in substantial interference.

(7) If a reservation is subordinated to one or more permits, and that reservation is senior in priority to one or more reservations in the same water course, all junior reservations granted pursuant to 85-2-331, MCA, shall also be subordinate to the same permit or permits.

(8) The board shall periodically, but at least once every 10 years, review reservations pursuant to 85-2-316(10) , MCA and ARM 36.16.120. Where the objectives of the reservation are not being met, the board may extend the term of, revoke, or modify the reservation after the reservant has been granted an opportunity to be heard by the board.

(9) The board shall act on requests for changes or transfers of reserved water, in accordance with ARM 36.16.118.