- (1) An application for change of appropriation water right shall be filed with the department pursuant to 85-2-402, MCA, by the reservant or other entity.
- (2) An application for change shall include the information required under ARM 36.16.104 through 36.16.106.
- (3) The department shall process the application for change pursuant to 85-2-402 and 85-2-316, MCA.
- (4) Any water reservation authorized to be changed shall maintain the priority date of the original water reservation.
- (5) A reservant may voluntarily transfer all or any portion of its reservation to a transferee without loss of priority if the transfer is approved by the department.
- (6) A water right transfer certificate shall be filed by the reservant with the department pursuant to 85-2-424, MCA.
(7) The transfer certificate shall include an affidavit from the entity receiving the water reservation that:
- (a) the entity qualifies to reserve water under 85-2-316(1), MCA;
- (b) the entity agrees to comply with the requirements of 85-2-316, MCA, and the conditions of the water reservation; and
- (c) the entity can meet the objectives of the reservation as granted or will be able to meet the objectives under an authorized change in the water reservation.
- (8) An Application for Change of Appropriation Water Right must be filed in accordance with (1) through (6) if a transfer of water reservation involves a change in the original reservations' criteria under 85-2-316(4), MCA.
- (9) All decisions regarding changes and transfers shall reflect a consideration of the decision criteria listed in 85-2-316(4), MCA, and ARM 36.16.107A.
Authorizing statute(s): 85-2-113, MCA
Implementing statute(s): 85-2-316, 85-2-331, 85-2-605, MCA
History: NEW, 1986 MAR p. 1584, Eff. 9/26/86; AMD, 1989 MAR p. 2066, Eff. 12/8/89; AMD, 1994 MAR p. 1297, Eff. 5/13/94; AMD, 2015 MAR p. 1909, Eff. 10/30/15.