1. (1) A person filing a public comment regarding a draft preliminary determination or an updated draft preliminary determination issued for a water right application under 85-2-307, MCA, must file the comment on Form No. 654, Public Comment on a Draft Preliminary Determination, and must comply with the requirements set forth in this rule.
2. (2) A separate public comment must be filed for each water right application.
3. (3) Persons owning separate water rights must each file a separate Public Comment on Draft Preliminary Determination form.
4. (4) Co-owners (owners of a water right that is not split between the owners) of an undivided water right may file one Public Comment on Draft Preliminary Determination form.

5. (5) A Public Comment on Draft Preliminary Determination form is timely if:

   1. (a) for paper comment forms, the form is received by the office specified in the public notice of the application on or before the deadline specified in the public notice of the application; or
   2. (b) for electronically submitted forms, if the form is received on or before the public comment deadline stated in the public notice of the application. If a form is submitted electronically, it must be submitted in the manner specified in the public notice.
6. (6) A public comment filed with the department before public notice of an application has been published will not be accepted.

7. (7) A public comment must be received within the time allowed by the Notice of Opportunity to Provide Public Comment and include the following information:

   1. (a) complete contact information and signature of the commenter or commenter’s representative;
   2. (b) the application number and applicant name for which the public comment is submitted;
   3. (c) a statement of the commenter’s standing, including an explanation of how the commenter’s property, water rights, or interests would be adversely affected by the proposed application. If a commenter is claiming that their water right will be adversely affected if the application were to be granted, the commenter must provide the department-assigned water right number affected and explain why they believe their right will be adversely affected;
   4. (d) identification of one or more criteria that is not adequately addressed in the draft preliminary determination;
   5. (e) for each criterion identified in (d), an explanation of how the draft preliminary determination does not adequately address that criterion.

8. (8) The department will not consider public comments that:

   1. (a) are not on Form No. 654;
   2. (b) do not include the information required by subsection (7); or
   3. (c) are not received by the deadline in the Notice of Opportunity to Provide Public Comment.
9. (9) The department’s preliminary determination will consider and respond to public comments filed in compliance with subsection (7). As part of the response to public comments, the department may update technical analyses pursuant to ARM 36.12.1303 by issuing an errata but will not issue a new Technical Analyses Report.

Authorizing statute(s): 85-2-307, MCA

Implementing statute(s): 85-2-307, MCA

History: NEW, 2025 MAR, Notice No. 2025-157, Eff. 10/1/25.