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36.16.110    WATER USE UNDER A RESERVATION - RESERVANT RESPONSIBILITIES

(1) A reservant may use water in accordance with the board order granting the reservation and the administrative procedures developed in ARM 36.16.106(1)(f) as approved or amended by the board. A reservant holding a reservation for a diversionary use shall, upon applying water to a beneficial use, file form No. 623, notice of beneficial use of reserved waters, with the department.

(2) A conservation district reservant shall set a deadline by which an individual holding a reserved water use authorization shall file a certified statement notifying the district the project is complete pursuant to 85-2-316(8), MCA. Upon receipt of the certified statement the district shall determine whether the project is in substantial accordance with the water use authorization. The department may assist the district in conducting an inspection if necessary to make this determination within staffing and budgeting limitations.

(3) A reservant must file an annual report with the department that summarizes the progress made in complying with provisions of the board order reserving water, except where otherwise required by board order.

(4) All applications made for changes to or transfers of a granted reservation must be submitted to the department in accordance with the procedures outlined in ARM 36.16.118.

(5) The reservant shall adhere to all filing requirements for the periodic review under ARM 36.16.120.

History: Sec. 85-2-113 MCA; IMP, Sec. 85-2-316, 85-2-331, 85-2-605 MCA; NEW, 3/7/76; AMD, 1986 MAR p. 1584, Eff. 9/26/86; AMD, 1994 MAR p. 1297, Eff. 5/13/94.

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