1. (1) For a project completion notice filed after October 1, 2025, the appropriator must file a correct and complete project completion notice with the department on or before the deadline specified in the permit, including any order to reduce or modify the permit pursuant to 85-2-313, MCA, change authorization, or any written extension of time. A correct and complete project completion notice must be on a form provided by the department.
2. (2) If a water right has multiple change authorizations issued within the same project completion period, the appropriator may file a single project completion notice for all the authorized changes and the department will verify them at the same time.

3. (3) A correct and complete project completion notice for a permit must include:

   1. (a) information about all completed elements of the permit;
   2. (b) a certified statement in compliance with 85-2-315, MCA;
   3. (c) a description explaining compliance or deviation from terms, conditions, or restrictions;
   4. (d) if a permit is reduced or modified following the final decree pursuant to 85-2-313, MCA, a description explaining compliance with the order reducing or modifying the permit;
   5. (e) for a permit authorized for a purpose of sale of water or water marketing, records of the maximum annual use of water and copies of all executed contracts for the sale of all water; and
   6. (f) other information deemed necessary by the department.

4. (4) A correct and complete project completion notice for a change authorization must include:

   1. (a) information about the completed element(s) of the water right authorized for change;
   2. (b) a certified statement in compliance with 85-2-402, MCA;
   3. (c) a description explaining compliance or deviation from terms, conditions, or restrictions;
   4. (d) for a change authorized for a purpose of sale of water or water marketing, records of the maximum annual use of water and copies of all executed contracts for the sale of all water; and
   5. (e) other information deemed necessary by the department.
5. (5) For a project completion notice filed with the department prior to October 1, 2025, the department will consider the information required by (3) for a permit or (4) for a change to determine whether the project completion notice includes adequate information.
6. (6) If the department determines a project completion notice is not correct and complete or does not include adequate information, it shall notify the appropriator of any defects and identify the type of information required to be submitted in response.
7. (7) The appropriator may provide information in response to the notice of defects within 45 days, unless the written notice provides for a different deadline. If the appropriator does not provide the requested information within the time provided, the department will verify whether the appropriation was completed in substantial accordance with the permit or change authorization based on the information contained in the project completion notice and other records and evidence available to the department.
8. (8) The department may inspect the completed appropriation any time after a project completion notice is filed. The department will provide appropriators with a minimum of 48-hour notice before an inspection.
9. (9) If a project completion notice for a permit was verified prior to October 1, 2025, and the permit is reduced or modified following final decree pursuant to 85-2-313, MCA, the appropriator is required to file a subsequent project completion notice. Such a subsequent project completion notice is subject to the applicable sections of this rule.

Authorizing statute(s): 85-2-113, 85-2-402, MCA

Implementing statute(s): 85-2-310, 85-2-311, 85-2-312, 85-2-313, 85-2-314, 85-2-315, 85-2-402, MCA

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