2023 Montana Code Annotated › Title 85. Water Use › Chapter 2. Surface Water and Ground Water › Part 3. Appropriations, Permits, and Certificates of Water Rights › 85-2-308. Objections

85-2-308. (Temporary) Objections.
(1) (a) The department shall provide notice of the opportunity to object to a preliminary determination issued pursuant to 85-2-307(5). The notice must state that no more than 30 days after the date of publication of the notice, a person may file a written objection to the application with the department.
(b) A person who has standing pursuant to this section, including the applicant, may object only to issues already identified in a public comment properly filed with the department pursuant to 85-2-307(4) or raised in a hearing pursuant to 85-2-310.
(2) (a) An objection to an application under this chapter must be filed by the date specified by the department under subsection (1).
(b) The objection to an application for a permit must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-311 are not met.
(3) For an application for a change in appropriation rights, the objection must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-320, if applicable, 85-2-402, 85-2-407, 85-2-408, and 85-2-436, if applicable, are not met.
(4) A person has standing to file an objection under this section if the property, water rights, or interests of the objector would be adversely affected by the proposed appropriation.
(5) For an application for a reservation of water, the objection must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-316 are not met.
(6) An objector to an application under this chapter shall file a correct and complete objection on a form prescribed by the department within the time period stated on the public notice associated with the application. In order to assist both applicants and objectors, the department shall adopt rules in accordance with this chapter delineating the components of a correct and complete objection. For instream flow water rights for fish, wildlife, and recreation, the rules must require the objector to describe the reach or portion of the reach of the stream or river subject to the instream flow water right and the beneficial use that is adversely affected and to identify the point or points where the instream flow water right is measured and monitored. The department shall notify the objector of any defects in an objection. An objection not corrected or completed within 15 business days from the date of notification of the defects is terminated.
(7) An objection is valid if the objector has standing pursuant to subsection (4), has filed a correct and complete objection within the prescribed time period, and has stated the applicable information required under this section and rules of the department. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.)
85-2-308. (Effective July 1, 2031) Objections.
(1) (a) An objection to an application under this chapter must be filed by the date specified by the department under 85-2-307(3).
(b) The objection to an application for a permit must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-311 are not met.
(2) For an application for a change in appropriation rights, the objection must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-320, if applicable, 85-2-402, 85-2-407, 85-2-408, and 85-2-436, if applicable, are not met.
(3) A person has standing to file an objection under this section if the property, water rights, or interests of the objector would be adversely affected by the proposed appropriation.
(4) For an application for a reservation of water, the objection must state the name and address of the objector and facts indicating that one or more of the criteria in 85-2-316 are not met.
(5) An objector to an application under this chapter shall file a correct and complete objection on a form prescribed by the department within the time period stated on the public notice associated with the application. In order to assist both applicants and objectors, the department shall adopt rules in accordance with this chapter delineating the components of a correct and complete objection. For instream flow water rights for fish, wildlife, and recreation, the rules must require the objector to describe the reach or portion of the reach of the stream or river subject to the instream flow water right and the beneficial use that is adversely affected and to identify the point or points where the instream flow water right is measured and monitored. The department shall notify the objector of any defects in an objection. An objection not corrected or completed within 15 days from the date of notification of the defects is terminated.
(6) An objection is valid if the objector has standing pursuant to subsection (3), has filed a correct and complete objection within the prescribed time period, and has stated the applicable information required under this section and rules of the department.
History: En. Sec. 18, Ch. 452, L. 1973; R.C.M. 1947, 89-882; amd. Sec. 10, Ch. 448, L. 1983; amd. Sec. 5, Ch. 805, L. 1991; amd. Sec. 4, Ch. 370, L. 1993; amd. Sec. 2, Ch. 422, L. 1999; amd. Sec. 2, Ch. 574, L. 2003; amd. Sec. 6, Ch. 70, L. 2005; amd. Sec. 6, Ch. 213, L. 2007; amd. Sec. 2, Ch. 448, L. 2007; amd. Sec. 3, Ch. 251, L. 2009; amd. Sec. 3, Ch. 244, L. 2023.