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Rule Title: FORM AND SPECIAL FEES
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Department: NATURAL RESOURCES AND CONSERVATION
Chapter: WATER RIGHTS BUREAU
Subchapter: Montana Water Use Act
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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36.12.103    FORM AND SPECIAL FEES

(1) A filing fee, if required, shall be paid at the time the permit, change, notice of completion, extension of time request, temporary change renewal, ownership update, or petition application (hereafter singularly or collectively referred to as application) is filed with the department.

(a) The department will not process any application without the proper filing fee.

(b) Failure to submit the proper filing fee within 30 days after notice shall result in a determination that the application is not correct and complete and it shall be terminated.

(2) The department will assess the following filing fees:

(a) For an Application for Beneficial Water Use Permit, Form No. 600, filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, or in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, or a controlled groundwater area pursuant to 85-2-506 and 85-2-507, MCA, or filed under a compact pursuant to Title 85, chapter 20, MCA, for all surface water, or a groundwater appropriation of greater than 35 gallons per minute, there shall be a fee of $1000. If the application meets the requirements for a pre-application review as determined by the department, the fee shall be $800;

(b) For an Application for Beneficial Water Use Permit, Form No. 600, filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, or in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, or a controlled groundwater area pursuant to 85-2-506 and 85-2-507, MCA, or filed under a compact pursuant to Title 85, chapter 20, MCA, for a groundwater appropriation of 35 gallons per minute or less, there shall be a fee of $200;

(c) For an Application for Beneficial Water Use Permit, Form No. 600, not filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, nor in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, nor a controlled groundwater area pursuant to 85-2-506 and 85-2-507, MCA, nor filed under a compact pursuant to Title 85, chapter 20, MCA, for all surface water, or a groundwater appropriation of greater than 35 gallons per minute there shall be a fee of $800. If the application meets the requirements for a pre-application review as determined by the department, the fee shall be $600;

(d) $150, in addition to the fees in either (a), (b), or (c) for an Interim Permit Request, Form No. 636;

(e) $125 for a Notice of Completion of Groundwater Development, Form No. 602, filed for groundwater developments with a maximum use of 35 gpm or less, not to exceed ten acre-feet per year;

(f) $125 for an Application for Provisional Permit for Completed Stockwater Pit or Reservoir, Form No. 605, filed for a pit or reservoir with a maximum capacity less than 15 acre-feet;

(g) $900 for an Application to Change a Water Right, Form No. 606, except for an application that meets the requirements for a pre-application review as determined by the department, where there shall be a $700 fee;

(h) $200 for an Application to Change a Water Right, Form No. 606 in the following instances:

(i) if the change application concerns a replacement well greater than 35 gpm or ten acre-feet, or a municipal well that does not exceed 450 gpm, or replacement reservoir located on the same source; or

(ii) if the change application concerns only moving or adding stock tanks to an existing system;

(i) $200 for an Application for Extension of Time, Form No. 607;

(j) $50, plus $10 for each water right transferred after the first water right, for a Water Right Ownership Update, Form No. 608. The total amount shall not exceed $300;

(k) $25 for an Objection to Application, Form No. 611;

(l) $200 for an Application to Renew a Temporary Water Right Change, Form No. 626;

(m) $1500 for a Controlled Groundwater Area Petition, Form No. 630. The petitioner shall also pay:

(i) publication costs of the proposed rules in the Montana Administrative Register;

(ii) photocopy and postage costs for copying and mailing the Administrative Rule Proposal Notice and appointment of the hearing examiner to all land owners and water right owners located within the proposed boundaries and other persons as required by 85-2-319, MCA;

(iii) photocopy and postage costs for copying and mailing the Notice of Adoption and other documents as needed;

(iv) newspaper publication of the Notice of Rulemaking Hearing;

(v) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and

(vi) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-319, MCA, except the cost of salaries of the department personnel;

(n) $1500 for a Petition for Closure of a Highly Appropriated Basin, Form No. 631. The petitioner shall also pay:

(i) publication costs of the proposed rules in the Montana Administrative Register;

(ii) photocopy and postage costs for copying and mailing the Administrative Rule Proposal Notice and appointment of the hearing examiner to all land owners and water right owners located within the proposed boundaries and other persons as required by 85-2-319, MCA;

(iii) photocopy and postage costs for copying and mailing the Notice of Adoption and other documents as needed;

(iv) newspaper publication of the Notice of Rulemaking Hearing;

(v) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and

(vi) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-319, MCA, except the cost of salaries of the department personnel;

(o) $100 for a Replacement Well Notice, Form No. 634;

(p) $50 for a Redundant Well Construction Notice, Form No. 635;

(q) $200 for a Reinstatement Request, Form No. 637;

(r) $800 for a Water Reservation Application for Instream Flow, Form No. 638. The applicant shall also pay:

(i) photocopy and postage costs for copying and mailing the appointment of the hearing examiner and notice of hearing;

(ii) photocopy and postage costs for copying and mailing the hearing examiner's proposal for decision, final order, and other orders as needed;

(iii) newspaper publication of the notice of hearing and orders as required by statute and the hearing examiner; and

(iv) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner;

(s) $50 for each divided water right on Form No. 641, DNRC Ownership Update, Divided Interest;

(t) $50 for each exempted water right on Form No. 642, DNRC Ownership Update, Exempt (Reserved) Water Right;

(u) $50 for each severed water right for Form No. 643, DNRC Ownership Update, Severed Water Right;

(v) $400 for Form No. 644, Notice of Replacement Point of Diversion;

(w) $200 for Form No. 645, Permit Registration for Groundwater Use Within the National Park Service Compact Area;

(x) $200 for Form No. 646, Geothermal Heating/Cooling Notice of Completion;

(y) $125 for Form No. 647, Notice of Completion of Emergency Fire Protection Development;

(z) $200 for Form No. 650, Temporary Lease of Appropriation Right;

(aa) $400 for Form No. 651, Petition to Modify a Permit or Change Authorization; and

(ab) $750 for Form No. 652, Petition for Stream Depletion Zone.

(3) There shall be no fees charged for filing the following forms:

(a) Form No. 617, Project Completion Notice of Permitted Water Development;

(b) Form No. 618, Project Completion Notice for Change of a Water Right;

(c) Form No. 625, Correction to a Water Right;

(d) Form No. 633, Aquifer Test Data Form;

(e) Form No. 639, Waiver of Timelines;

(f) Form No. 640, Certification of Water Right Ownership Update;

(g) Form No. 648, Petition to Subordinate a State Water Reservation; and

(h) Form No. 649, Surface Water Measurement Data Form.

(4) The department will charge special service fees not to exceed reasonable amounts, including, but not limited to the following:

(a) costs associated with contracting for professional hearings officer services;

(b) costs for computer data reports; and

(c) reasonable public information access fees including copies, blueprints or tracings, audio copies of a hearing, and other requests as per 2-6-110, MCA, and department public information policy.

History: 85-2-113, MCA; IMP, 85-2-113, 85-2-306, 85-2-311, 85-2-312, 85-2-314, 85-2-402, 85-2-426, 85-2-427, 85-2-436, 85-20-401, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 326, Eff. 2/15/08; AMD, 2008 MAR p. 1820, Eff. 8/29/08; AMD, 2011 MAR p. 2043, Eff. 10/1/11; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2013 MAR p. 1344, Eff. 7/26/13.


 

 
MAR Notices Effective From Effective To History Notes
36-22-174 7/26/2013 Current History: 85-2-113, MCA; IMP, 85-2-113, 85-2-306, 85-2-311, 85-2-312, 85-2-314, 85-2-402, 85-2-426, 85-2-427, 85-2-436, 85-20-401, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 326, Eff. 2/15/08; AMD, 2008 MAR p. 1820, Eff. 8/29/08; AMD, 2011 MAR p. 2043, Eff. 10/1/11; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2013 MAR p. 1344, Eff. 7/26/13.
36-22-165 10/12/2012 7/26/2013 History: 85-2-113, MCA; IMP, 85-2-113, 85-2-306, 85-2-311, 85-2-312, 85-2-402, 85-2-426, 85-2-436, 85-20-401, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 326, Eff. 2/15/08; AMD, 2008 MAR p. 1820, Eff. 8/29/08; AMD, 2011 MAR p. 2043, Eff. 10/1/11; AMD, 2012 MAR p. 2071, Eff. 10/12/12.
36-22-154 10/1/2011 10/12/2012 History: 85-2-113, MCA; IMP, 85-2-113, 85-2-306, 85-2-311, 85-2-312, 85-2-402, 85-2-426, 85-2-436, 85-20-401, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 326, Eff. 2/15/08; AMD, 2008 MAR p. 1820, Eff. 8/29/08; AMD, 2011 MAR p. 2043, Eff. 10/1/11.
36-22-130 8/29/2008 10/1/2011 History: 85-2-113, MCA; IMP, 85-2-113, 85-2-312, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 326, Eff. 2/15/08; AMD, 2008 MAR p. 1820, Eff. 8/29/08.
36-22-125 2/15/2008 8/29/2008 History: 85-2-113, MCA; IMP, 85-2-113, 85-2-312, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03; AMD, 2008 MAR p. 326, Eff. 2/15/08.
7/18/2003 2/15/2008 History: 85-2-113, MCA; IMP, 85-2-113, 85-2-312, MCA; NEW, Eff. 7/5/73; AMD, Eff. 2/4/75; AMD, 1982 MAR p. 702, Eff. 4/16/82; AMD, 1984 MAR p. 882, Eff. 6/1/84; AMD, 1985 MAR p. 1242, Eff. 8/30/85; AMD, 1987 MAR p. 1560, Eff. 9/11/87; AMD, 1991 MAR p. 1009, Eff. 6/28/91; AMD, 1992 MAR p. 1615, Eff. 7/31/92; AMD, 1993 MAR p. 1335A, Eff. 6/25/93; AMD, 1996 MAR p. 2430, Eff. 9/20/96; AMD, 1997 MAR p. 2084, Eff. 11/18/97; AMD, 2000 MAR p. 636, Eff. 2/25/00; AMD, 2003 MAR p. 1535, Eff. 7/18/03.
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