36.25.1107 RELOCATION AND EXPANSION OF FOOTPRINT; CHANGE OF USE
(1) The holder of a lease, license, or easement for a water diversion associated with an existing water right shall submit a notice to the department on a form as prescribed by the department when a footprint or associated facilities are proposed to be relocated or expanded.
(2) The holder of a lease, license, or easement within a navigable river may increase the size of the footprint or relocate the footprint and associated improvements, or both. The department will determine whether to:
(a) amend the existing lease, license, or easement; or
(b) issue a new lease, license, or easement.
(3) The expansion or relocation of a lease, license, or easement footprint and associated improvements may be authorized when:
(a) all necessary federal, state, and local permits have been issued;
(b) all payments due to the state for the use of the existing footprint have been paid in full; and
(c) the expanded and/or relocated footprint provides for the same beneficial use.
(i) A footprint for a water irrigation or diversion structure or use proposed for expansion and/or relocation shall be considered to have the same beneficial use when the water right and the property benefitted by the use remain the same as before the expansion and/or relocation.
(4) The department may require the holder of an existing lease, license, or easement to complete an application for a new authorization if the holder proposes to change the beneficial use of the footprint.
(5) Subject to the other provisions of this rule, if the area of the new lease footprint is larger or smaller than the originally approved footprint, the department will adjust the lease fee through a lease amendment to reflect the calculated value of the new footprint.
(6) If the new easement footprint is larger than the originally approved footprint, the department will value the additional easement area according to ARM 36.25.1105. The department will not refund the easement holder if the easement area of the new footprint is smaller than the originally approved footprint.
(7) Full market value of the new footprint will be established through an appraisal conducted in compliance with ARM 36.25.917.
(8) Relocation and expansion of a footprint under a lease, license, or easement for a water diversion structure associated with a water right which represents an historic use under ARM 36.25.1108 is exempt from the Montana Environmental Protection Act (MEPA), 75-1-201, et seq., MCA, and the Antiquities Act, 22-3-401, et seq., MCA.