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Rule: 36.12.1501 Prev     Up     Next    
Rule Title: PERMIT AND CHANGE APPLICATION DEFICIENCY LETTER AND TERMINATION
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Department: NATURAL RESOURCES AND CONSERVATION
Chapter: WATER RIGHTS BUREAU
Subchapter: Deficiency Letters and Termination
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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36.12.1501    PERMIT AND CHANGE APPLICATION DEFICIENCY LETTER AND TERMINATION

(1) If the department determines the application does not contain the information requested in ARM 36.12.1601, the department will notify the applicant in one deficiency letter of any defects in a permit or change application within 180 days of receipt of the application. The defects and the administrative rule not met will be identified in the deficiency letter.

(2) The priority date on a permit application or the date received on a change application will not be changed if:

(a) all of the requested information in the deficiency letter is postmarked or submitted to the department within 30 days of the date of the deficiency letter; or

(b) within 45 days of the date of the deficiency letter, the department has granted an extension. The department may only grant an extension if the applicant submits a written request for an extension within 30 days of the date of the deficiency letter.

(3) The permit application priority date or change application date received will be changed to the date when the department receives all of the requested information if:

(a) all of the requested information in the deficiency letter is postmarked or submitted between 31 and 90 days of the date of the deficiency letter; or

(b) in cases where an extension is granted by the department, 45 to 90 days of the date of the deficiency letter.

(4) If all of the requested information in the deficiency letter is not postmarked or submitted within 90 days of the date of the deficiency letter, the permit or change application will be terminated and the application fee will not be refunded.

 

History: 85-2-113, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2018 MAR p. 451, Eff. 2/24/18.


 

 
MAR Notices Effective From Effective To History Notes
36-22-196 2/24/2018 Current History: 85-2-113, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2018 MAR p. 451, Eff. 2/24/18.
1/1/2005 2/24/2018 History: 85-2-113, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.
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