36.12.1302    PREAPPLICATION MEETING

(1)  If the applicant completes a preapplication meeting with the department, the department will provide for a discounted application filing fee provided for in ARM 36.12.103 and expedited timelines provided for in ARM 36.12.1501. 

(2)  A written request for a preapplication meeting must identify the following elements of the proposed permit or change in appropriation:

(a)  the flow rate and volume of water required;

(b)  the point of diversion;

(c)  the place of use;

(d)  the source of water;

(e)  the purpose;

(f)  for changes, the water right(s) proposed to be changed;

(g)  for changes, an explanation of historical use of the right(s) proposed for change;

(h)  any proposed places of storage, if applicable; and

(i)  for applications proposing a new well or wells, the well depth(s) and location.

(3)  A preapplication meeting must be documented by a department-provided preapplication meeting form that identifies: 

(a)  all necessary technical analyses and whether the analyses will be completed by the applicant or the department;

(b) applicable aquifer testing requirements, measurement requirements, variances to be requested, or planned mitigation; and

(c) any additional information necessary for completion of the technical analyses identified by the preapplication meeting form under (3)(a).

(4)  If the technical analyses are to be completed by the department, the 45-day department deadline for completion of the technical analyses will be set upon receipt of the preapplication fee, receipt of the information provided for in (3)(b) and (c), and signed preapplication meeting form.  These items must be received within 180 days of the preapplication meeting.

(5)  If the technical analyses are to be completed by the applicant, the 45-day department deadline for scientific credibility review of technical analyses (ARM 36.12.1303(8)) will be set upon receipt of the preapplication fee, receipt of the applicant's technical analyses, and signed preapplication meeting form.  These items must be received within 180 days of the preapplication meeting.

(6)  An applicant does not qualify for a discounted filing fee provided for in ARM 36.12.103 and expedited timelines provided for in ARM 36.12.1501 if:

(a)  upon submittal of the application to the department, the applicant has changed any element of the proposed application after the 180-day timeline in (4) or (5); or

(b)  the application is not filed within 180 days of the department's completion of technical analyses.

(7)  The preapplication meeting procedure for a combined permit and change application documented on the preapplication meeting form, will be conducted as follows:

(a)  The applicant will be required to complete two preapplication meetings pursuant to (1) through (3) to receive a full discount of the application fees.  Each preapplication meeting will require the fee set forth in ARM 36.12.103.

(b)  A preapplication meeting for the permit will be conducted first.  The technical analyses completed for the permit application will identify information necessary to consider for the change application.

(c)  A preapplication meeting for the change will be conducted once the applicant has gathered the information needed under (2).

(d)  The combined permit and change application must be filed with the department within 180 days from the date of completion of the technical analyses for the change application.  The 180-day timeframe will apply to both the permit and change application and will not start until completion of the technical analyses for the change application.

(8)  Any technical analyses completed by the department expire one year from the technical analysis completion date.

History: 85-2-302, MCA; IMP, 85-2-302, 85-2-307, 85-2-311, 85-2-330, 85-2-336, 85-2-341, 85-2-343, 85-2-344, 85-2-360, 85-2-361, 85-2-362, 85-2-402, 85-2-506, 85-2-508, MCA; NEW, 2023 MAR p. 1872, Eff. 1/1/24.