1. (1) The department will conduct a comparative analysis of the information provided in the project completion notice and the permit, including any reduction of modification of the permit pursuant to 85-2-313, MCA, to verify whether the appropriation was completed in substantial accordance with the permit and any reduction or modification. The department will review all relevant information within its possession.
2. (2) The department will use the water use standards applied at the time the permit was authorized to determine if the elements of the completed appropriation are in substantial accordance with the authorization.

3. (3) The department will evaluate whether the following information identified in the project completion notice is in substantial accordance with the permit, including any reduction or modification of the permit pursuant to 85-2-313, MCA:

   1. (a) the source of supply;
   2. (b) the flow rate, which may not exceed the authorized amount;
   3. (c) the total diverted volume, which may not exceed the authorized amount;
   4. (d) the period of diversion, which may not exceed the authorized period;
   5. (e) the period of use, which may not exceed the authorized period;

   6. (f) the point of diversion, which may not be completed outside the legal land description authorized unless the department determines:

      1. (i) the point of diversion marked on the project completion map and the map included in the permit file are the same; and
      2. (ii) the legal description in the project completion notice is correct based on improved mapping of the township, range, section, and 1/4 section;

   7. (g) the place of use, which may not be completed outside the legal land description authorized unless the department determines:

      1. (i) the place of use marked on the project completion map and the map included in the permit file are the same; and
      2. (ii) the legal description in the project completion notice is correct based on improved mapping of the township, range, section, and 1/4 section;
   8. (h) the purpose of use matches the authorized purpose of use;

   9. (i) if applicable, the place of storage, including:

      1. (i) the storage capacity, which may not exceed the authorized amount;
      2. (ii) the surface area, which may not exceed the authorized amount; and
      3. (iii) the place of storage location, which may not be completed outside the legal land description authorized;
   10. (j) if applicable, the consumptive volume, which may not exceed the volume authorized; and
   11. (k) if applicable, the description explaining compliance or deviation from terms, conditions, or restrictions.
4. (4) The department shall document its findings of substantial accordance on a verification abstract.

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

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

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