36.12.1701 FILING A PERMIT APPLICATION

(1) An application for beneficial water use permit (Form No. 600) must be filed when an applicant desires to use:

(a) groundwater that exceeds 35 gallons per minute or a volume of ten acre-feet;

(b) groundwater developments that exceed 350 gallons per minute for nonconsumptive geothermal use;

(d) all surface water appropriations.

(2) Separate applications are required for:

(a) each source of supply. For example, if an application is for two diversions, one on an unnamed source and another on a source to which it is tributary, two separate applications must be submitted, one for each source of supply; and

(b) multiple purposes supplied by different points of diversion on the same source. If the entire project is manifold into one system, then a single application is allowed. "Manifold" means two or more diversions from the same source, which are connected into a single system for the same project or development. An example of a manifold system is two pumps on one source or two wells pumping from the same aquifer which divert water into the same reservoir or cistern.

(3) One application is allowed for:

(a) one purpose and multiple points of diversion on the same source; and

(b) for several purposes, if all the points of diversion supply all of the same purposes.

(4) An application must contain sufficient factual documentation to constitute probable believable facts sufficient to support a reasonable legal theory upon which the department should proceed with the application.

(5) Form No. 600 and any applicable addendums must be completed and must describe the details of the proposed project. The form and addendums must be filled in with the required information. The following must be included in the permit application materials:

(a) flow rate (in gallons per minute [gpm] or cubic feet per second [cfs]), volume (in acre-feet), or reservoir capacity (in acre-feet) figures will be rounded to the nearest tenth;

(b) the source name, which must be identified as per ARM 36.12.114;

(d) if an application involves a reservoir, the reservoir standards as per ARM 36.12.113 must be followed;

(e) a general project plan stating when and how much water will be put to beneficial use;

(i) for appropriations over 4000 acre-feet or more and 5.5 cfs or more, or for water marketing, additional information is required, as per 85-2-310 and 85-2-311, MCA;

(f) if photographs are included, they must include the name of the photographer, the date taken, and an explanation of what fact or issue the photograph is offered to verify;

(g) if there are associated water rights to the application, they must be identified and additional information may be required;

(h) if a permit application is to supplement another water right, the water right numbers of the associated water rights;

(i) the flow rate at which water will be diverted from the source of supply for each purpose, a reasonable volume of water for each purpose, and the period of time that water will be used for each purpose must be identified;

(j) an application that is only to increase the flow rate or volume must reflect a value of zero in the nonapplicable field. For example, if an applicant is applying to only increase the flow rate the volume field should reflect zero;

(k) information that explains why the time period for completion is requested. The explanation may include information about the cost and magnitude of the project and the complexity of the project or any other reason for the time period identified to complete the project; and

(l) an applicant shall explain why required information is not applicable to the applicant's proposed project

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, 85-2-311, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2011 MAR p. 2043, Eff. 10/1/11; AMD, 2012 MAR p. 2071, Eff. 10/12/12.