reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.105C - APPLICATION CONTENT - PUBLIC INTEREST

Current through Register Vol. 13, July 5, 2024
(1)
				In making a showing that the reservation is in the public interest, the
				application shall contain the following:
(a)
				An analysis of the direct benefits and costs associated with applying reserved
				water to the proposed beneficial use.
(b) A discussion of the indirect benefits and
				costs associated with applying water to beneficial use that considers the
				following:
(i) effects on future economic
				activity;
(ii) effects on the
				environment;
(iii) effects on
				public health and safety; and
(iv)
				the economic opportunity costs that the requested flow may have to parties
				other than the reservant.
(c) A discussion of the effects of not
				granting the reservation, including a description of reasonable alternative
				actions that could be taken if the reservation is not granted.
(d) Where the reservation would require
				withdrawal and transport for use outside the state, a discussion of:
(i) whether the reserved water could
				otherwise be transported to alleviate water shortages within Montana;
(ii) the demand on the available water supply
				in the state where the water will be applied to use; and
(iii) the effect of the proposed out-of-state
				water use on the welfare of Montana citizens.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.107 - CORRECT AND COMPLETE

Current through Register Vol. 13, July 5, 2024
(1) The department
				will, upon request, assist the applicant by responding to questions regarding
				the interpretation and requirements of these rules. The department may review
				draft applications prior to final submittal. The department shall provide
				access to and assistance in the interpretation of water rights records, water
				availability information, or other needed data maintained by the
				department.
(2) The department
				shall determine if an application is correct and complete within 180 days after
				an application has been submitted along with the required application fee. A
				water reservation application will be deemed correct and complete if a permit
				applicant's information, required to be submitted by ARM
				36.16.104,
				36.16.105,
				36.16.105A,
				36.16.105B,
				36.16.105C,
				and
				36.16.106,
				conforms to the standard of substantial credible information and all the
				necessary parts of the application form requiring the information, including
				any required addendums, have been filled in with the required information. A
				determination that an application is correct and complete is in no way a
				judgment on the part of the department on the merits of the reservation
				proposal. The department must notify the applicant in writing of any
				deficiencies.
(a) The department shall
				determine whether an application for a water reservation is correct and
				complete by reviewing:
(i) information that is
				publicly available within its expertise; and
(ii) that information which is submitted in
				the application.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.107B

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.108 - RECORDING ORDER RESERVING WATERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316,
					 85-2-331,
					 85-2-605
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.109 - BOARD REVIEW OF RESERVATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.110 - WATER USE UNDER A RESERVATION - RESERVANT RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) A reservant may
				use water in accordance with the order granting the reservation and the
				administrative procedures developed in ARM
				36.16.106(1)(f)
				as approved or amended by the department.
(2) A conservation district reservant shall
				set a deadline by which an individual holding a reserved water use
				authorization shall file a certified statement notifying the district the
				project is complete pursuant to
				85-2-316(8), MCA.
				Upon receipt of the certified statement the district shall determine whether
				the project is in substantial accordance with the water use authorization. The
				department may assist the district in conducting an inspection if necessary to
				make this determination within staffing and budgeting limitations.
(3) A reservant must file an annual report
				with the department that summarizes the progress made in complying with
				provisions of the order reserving water, except where otherwise required by
				law.
(4) All applications made for
				changes to or transfers of a granted reservation must be submitted to the
				department in accordance with the procedures outlined in ARM
				36.16.118.
(5) The reservant shall adhere to all filing
				requirements for the periodic review under ARM
				36.16.120.
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.111 - STATUS OF WATER RESERVATION

Current through Register Vol. 13, July 5, 2024
(1) A reservation
				is subject to protection under the act and is an appropriative water right
				protected by law.
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316,
					 85-2-331,
					 85-2-605
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.112 - INDIVIDUAL USERS

Current through Register Vol. 13, July 5, 2024
(1) The act does
				not provide for the reservation of water by individuals and no reservation
				right may be transferred in whole or in part to persons not qualified to
				reserve water. However, an applicant's request for a reservation is appropriate
				if it is based on behalf of the needs of individual users.
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316,
					 85-2-331,
					 85-2-605
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.113 - ENVIRONMENTAL IMPACT STATEMENT (EIS)

Current through Register Vol. 13, July 5, 2024
(1) The necessity
				for an EIS must be evaluated for each reservation application as required by
				the Montana Environmental Policy Act (Title 75, chapter 1, MCA), the Montana
				Water Use Act (Title 85, chapter 2, MCA), and department rules (ARM Title 36,
				chapter 2, subchapters 5 and 6).
(2) An EIS, if required, shall be prepared by
				the department sufficiently in advance of any action on the reservation
				application to allow for full public review and comment. If necessary, the
				department may require the applicant to submit information needed to assess the
				impacts of the proposed reservation.
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-124,
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.114 - FEES AND COSTS

Current through Register Vol. 13, July 5, 2024
(1) As required by
				ARM 36.16.104, a $1500 fee must be
				paid to the department when filing an application for reservation of
				water.
(2) In addition to the $1500
				fee, as required by
				85-2-316, MCA, the following must
				be paid by the applicant, excepting the cost of department personnel's
				salaries: department's cost of giving notice; holding the hearing; conducting
				investigations; and making records incurred in acting upon the application to
				reserve water. The applicant is also required to pay a reasonable portion of
				the department's costs for EIS preparation.
(a) An applicant shall consult with the
				department prior to submitting an application to develop a preliminary estimate
				of department costs that must be paid by the applicant pursuant to
				85-2-316(3), MCA.
				Within 30 days of a correct and complete determination by the department, the
				applicant must pay the department ten percent of the preliminary estimate to
				prepare a scope of work for completing any EIS and any other detailed work
				plans required in acting upon the applications.
(b) After a scope of work for the EIS and any
				other detailed plans for acting upon the application have been completed, the
				department will notify applicants of the maximum cost they will be individually
				assessed to process their applications.
(i)
				Applicants shall be notified of the maximum cost within 90 days of the
				department's receipt of the final application.
(ii) The estimated ten percent prepayment
				will be included in this amount and deducted from each applicant's future
				obligations.
(iii) The terms of
				payment for such fees will be negotiated and set forth in a contract between
				each applicant and the department.
(iv) For applications involving the
				construction of diversion facilities, the costs attributable to EIS preparation
				shall not exceed the limits provided in
				85-2-124, MCA.
(c) An applicant may appeal to the
				department to have its fees reduced.
(d) Any payments made to the department in
				excess of what is actually expended shall be remitted to the
				applicant.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.115 - APPLICATIONS IN YELLOWSTONE RIVER BASIN (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316 and
					 85-2-605
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.116 - APPLICABILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-2-113 MCA; IMP, Sec.
					 85-2-316,
					 85-2-331
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.117

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-316,
					 85-2-331,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.118 - CHANGES AND TRANSFERS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.119 - REALLOCATION OF INSTREAM RESERVATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in
				85-20-1401, MCA, the department
				may:
(a) modify an existing or future order
				originally adopted to reserve water for the purpose of maintaining minimum
				flow, level, or quality of water; and
(b) reallocate the reservation, or a portion
				of the reservation, to an applicant that is a qualified reservant.
(c) The department may not reallocate
				reserved water on any stream or river more than once every five
				years.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.120 - DEPARTMENT PERIODIC REVIEW OF RESERVATION OBJECTIVES

Current through Register Vol. 13, July 5, 2024
(1) Except for
				reservations for the purposes of maintaining a minimum flow, level, or quality
				of water or a reservation provided in
				85-20-1401, MCA, the department
				shall review water reservations at least once every ten years to determine if
				the objectives of the reservation are being met.
(2) The department shall issue an order for
				the review, which includes the information that must be submitted by the
				reservant and the deadline for its submittal.
(3) All reservants shall submit a report
				reviewing the objectives of the reservation and how they are being met,
				including but not limited to the following:
(a) a summary of the amount granted,
				allocated to date, any change in the amount required to satisfy the purpose and
				need of the reservation, and any change in the methodology originally used to
				determine the amount;
(b) whether
				the purpose remains the same as identified in the application and
				order;
(c) whether the need still
				exists as identified in the application and order;
(d) whether the amount is still appropriate
				in accordance with the application and order; and
(e) whether the reservation remains in the
				public interest as identified in the application and order.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.121

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.16 - WATER RESERVATIONS WATER RESOURCES DIVISION › Subchapter 36.16.1 - Water Reservations › Rule 36.16.122

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-316,
					 85-2-331,
					 85-2-605,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.1 - Policy and General Provisions › Rule 36.17.101 - POLICY AND PURPOSE OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-601 and
					 85-1-612,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.1 - Policy and General Provisions › Rule 36.17.102 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-609,
					 85-1-610,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.1 - Policy and General Provisions › Rule 36.17.103 - ELIGIBILITY FOR PROGRAM (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-605,
					 85-1-606,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.201 - PROCESSING AND ACTION ON PROPOSED PROJECTS OR ACTIVITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-605,
					 85-1-606 and
					 85-1-608 through
					 85-1-612,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.202 - STATEMENT OF INTENT FOR LOANS AND GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec
					 85-1-612, MCA; IMP, Sec.
					 85-1-608 and
					 85-1-612,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.203 - APPLICATION CONTENT FOR LOANS AND GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-609 and
					 85-1-610,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.204 - TECHNICAL FEASIBILITY OF PROJECTS AND ACTIVITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-609 and
					 85-1-610,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.205 - ECONOMIC FEASIBILITY OF PROJECTS AND ACTIVITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-609,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.206 - ENVIRONMENTAL ACCEPTABILITY OF PROJECTS AND ACTIVITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-609,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.207 - FINANCIAL FEASIBILITY FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-610,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.2 - Application Procedure and Requirements › Rule 36.17.208 - COMPLIANCE WITH STATUTES AND RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-610,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.3 - Application Review and Project Monitoring › Rule 36.17.301 - SOLICITATION OF VIEWS FROM OTHER INTERESTED PARTIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec:
					 85-1-611,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.3 - Application Review and Project Monitoring › Rule 36.17.302 - RANKING OF FEASIBLE PROJECTS OR ACTIVITIES TO DETERMINE FUNDING PRIORITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-606,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.3 - Application Review and Project Monitoring › Rule 36.17.303 - REPORTING AND MONITORING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-612 and
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.4 - Loan Servicing Procedures › Rule 36.17.401 - SERVICING OF LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-612,
					 85-1-615 and
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.4 - Loan Servicing Procedures › Rule 36.17.402 - INTEREST RATES FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-613,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.4 - Loan Servicing Procedures › Rule 36.17.403 - SECURITY FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-613 and
					 85-1-615,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.5 - Use of Funds, Fees and Forms › Rule 36.17.501 - USE OF FUNDS FOR GRANTS VERSUS LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-612 and
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.5 - Use of Funds, Fees and Forms › Rule 36.17.502 - FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-612 and
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.5 - Use of Funds, Fees and Forms › Rule 36.17.503 - FORMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-1-612, MCA; IMP, Sec.
					 85-1-612,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.601 - APPLICATION FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-612,
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.602 - APPLICATION FORM AND CONTENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-612,
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.603 - RANKING CRITERIA TO BE USED TO EVALUATE PUBLIC GRANT APPLICATIONS AND PRIORITIZE PUBLIC GRANTS RECOMMENDED FOR FUNDING (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-601,
					 85-1-605,
					 85-1-612,
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.604 - APPLICATION OF CRITERIA FOR AWARD OF GRANTS AND LOANS TO PRIVATE APPLICANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-610,
					 85-1-612,
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.605 - TERMS AND CONDITIONS FOR GRANT AND LOAN AGREEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-605,
					 85-1-613,
					 85-1-616,
					 85-1-617,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.606 - ARRANGEMENTS FOR OBTAINING SECURITY INTERESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-1-612, MCA; IMP,
					 85-1-613,
					 85-1-615,
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.607 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in this subchapter, the following definitions apply
				  unless the context requires otherwise:
(1) "Act" or "RRGL program" means the
				statutes establishing the Renewable Resource Grant and Loan Program (RRGL) in
				Title 85, chapter 1, part 6, MCA.
(2) "Applicant" means the following who
				submit an application under the act, meeting the purposes and policies of the
				act pursuant to
				85-1-601, MCA:
(a) a local governmental or state
				governmental entity eligible under
				85-1-605, MCA;
(b) a tribal government eligible under
				85-1-605, MCA; or
(c) a private person that is an individual,
				association, partnership, corporation, or other governmental entity that is not
				eligible for loans and grants under
				85-1-605, MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.608 - APPLICATION FEES AND DUE DATE

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant shall submit an application fee with each application.
(a) A governmental or tribal applicant shall
				pay a $250 nonrefundable application fee for each renewable resource grant,
				small loan, and/or large loan application submitted.
(b) A private applicant shall pay a $150
				nonrefundable application fee for each loan application submitted.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.609 - APPLICATION FORM AND CONTENT

Current through Register Vol. 13, July 5, 2024
(1)
				Governmental, tribal, and private grant and/or loan applicants shall submit
				applications according to these rules and the guidelines published by the
				bureau.
(a) Application guidelines may be
				obtained from, and completed applications must be submitted with supporting
				documentation to, the Resource Development Bureau, Conservation and Resource
				Development Division, Department of Natural Resources and Conservation, P.O.
				Box 201601, 1625 Eleventh Avenue, Helena, MT 59620-1601.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.610 - CRITERIA FOR RANKING GOVERNMENTAL AND TRIBAL RENEWABLE RESOURCE GRANT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) For each grant
				cycle, the bureau shall publish with its guidelines the numerical points to be
				awarded.
(2) Points are awarded and
				deducted based on the following criteria.
(a)
				Points must be awarded for renewable resource benefits related to the project.
				If a project has no renewable resource benefits, it is ineligible for a
				grant.
(b) Points must be awarded
				for public benefits. If a project has no public benefits, it is ineligible for
				a grant.
(c) Tie breaker preference
				must be given to projects that have an equal score and that:
(i) implement the state water plan
				priorities; and/or
(ii) will
				mitigate human health or safety problems.
(d) No points may be awarded for financial
				feasibility. Points will be deducted for errors or omissions in this section.
				If a project is determined to not be financially feasible, it is ineligible for
				a grant.
(e) If a project is
				determined to have adverse environmental impacts that cannot be mitigated and
				do not preserve the state's renewable resources per
				85-1-601, MCA, it is ineligible
				for a grant.
(f) No points may be
				awarded for technical feasibility. Points will be deducted for errors or
				omissions in this section. If a project is determined to not be technically
				feasible, it is ineligible for a grant. Technical feasibility includes, but is
				not limited to:
(i) adequacy of the
				alternative analysis;
(ii) adequacy
				of cost estimates for potential alternatives and the preferred
				alternative;
(iii) preferred
				alternative selection;
(iv)
				thoroughness and feasibility of the project's implementation plan and
				schedules; and
(v) quality of
				supporting technical data submitted with the application.
(g) Points may be deducted from applications
				for which there have been past management problems, prior project completion
				issues, or such other concerns as identified in the published guidelines for
				the grant cycle. If a management plan is not adequate to support the project,
				it is ineligible for a grant.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.611 - RENEWABLE RESOURCE GOVERNMENTAL AND TRIBAL PLANNING GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Funds for renewable resource planning
				grants are limited by legislative appropriation.
(2) Renewable resource planning grants
				provide funding for preliminary engineering reports, resource assessments,
				technical reports, or any planning activity that would contribute to a
				renewable resource project as determined by the bureau. Funding may also be
				awarded in the form of administrative grants.
(3) No application fee is required for the
				submission of a public planning grant.
(4) Public planning grant applicants shall
				submit applications in the form prescribed, and according to the guidelines
				published by the bureau.
(5) The
				bureau shall evaluate an application for a public planning grant on the basis
				of how well the application content explains and meets the objectives of the
				RRLG program.
85-1-612, MCA; IMP,
					 85-1-612,
					 85-1-616,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.612 - TERMS AND CONDITIONS FOR GRANT AND LOAN AGREEMENTS WITH GOVERNMENTAL, TRIBAL, AND PRIVATE RECIPIENTS

Current through Register Vol. 13, July 5, 2024
(1) Successful
				governmental, tribal, and private grantees must enter into a written agreement
				with the bureau if the grantee wishes to continue the grant process. The
				written agreement must contain clear specifications for the work to be
				completed and a budget and other appropriate terms and conditions governing the
				performance of the grantee.
(2) The
				grantee shall document all project costs to be paid or reimbursed, and those to
				be credited as matching contributions.
(3) Grant funds that are not spent for the
				approved project must be returned to the renewable resource state special
				revenue account for use as directed by appropriation.
(4) Grant agreements with tribal governments
				in Montana must contain, in addition to other appropriate terms and conditions:
(a) a requirement that in the event a dispute
				or claim arises under the agreement, state law will govern as to the
				interpretation and performance of the agreement and that any judicial
				proceeding concerning the terms of the agreement will be brought in the
				district court of the first judicial district of the state of
				Montana;
(b) an express waiver of
				the tribal government's immunity from suit on any issue specifically arising
				from the transaction of a grant; and
(c) an express waiver of any right to exhaust
				tribal remedies signed by the tribal government.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.613 - ARRANGEMENTS FOR OBTAINING SECURITY INTERESTS

Current through Register Vol. 13, July 5, 2024
(1) For loans to private applicants the
				borrower shall provide security which is at least equal to 125% of the
				principal value of the loan.
(2)
				Private borrowers shall provide security with:
(a) a first or second real estate
				mortgage;
(b) an assignment of
				accounts receivable;
(c)
				certificates of deposit or similar securities;
(d) a turn off authority; or
(e) other security as accepted by the
				department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.17 - RENEWABLE RESOURCE GRANTS AND LOANS › Subchapter 36.17.6 - Application Procedure and Requirements › Rule 36.17.614 - PROJECTS ELIGIBLE FOR CATEGORICAL EXCLUSION FROM MONTANA ENVIRONMENTAL POLICY ACT (MEPA) REVIEW

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2), a department action under Title 75, chapter 5, part 11, MCA,
				and this subchapter is excluded from the requirement to prepare an
				environmental assessment (EA) or environmental impact statement (EIS) if the
				application for department review is for any of the following grant, loan,
				and/or bond programs: state revolving fund, renewable resource, reclamation and
				development, rangeland, aquatic invasive species, American Rescue Plan Act of
				2021,
				Pub. L. No.
				117-2 (2021) (ARPA) and HB 632, 67th Legislature,
				2021, water and sewer infrastructure. The exclusion in this rule includes the
				re-financing and interim financing of projects that are funded in whole or in
				part by the aforementioned grant, loan, and/or bond programs and includes:
(a) projects relating to existing
				infrastructure systems such as sewer and septic systems, drinking water supply
				systems, and stormwater systems, including combined sewer overflow systems,
				dams, culverts, headgates, canal lining, siphons, pipelines, pump sites, lift
				stations, irrigation infrastructure, that involve:
(i) minor upgrading;
(ii) minor expansion of system
				capacity;
(iii) rehabilitation
				(including functional replacement) of the existing system and system
				components; or
(iv) construction of
				new minor ancillary facilities adjacent to or on the same property as existing
				facilities; or
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.1 - Program Description › Rule 36.18.101 - POLICY AND PURPOSE OF RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-101,
					 90-2-108 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.1 - Program Description › Rule 36.18.102 - Definitions (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-108,
					 90-2-111 and
					 90-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.1 - Program Description › Rule 36.18.103 - Application Procedure (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-104,
					 90-2-107,
					 90-2-108 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.1 - Program Description › Rule 36.18.104 - STATEMENT OF INTENT FOR LOANS AND GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103,
					 90-2-108,
					 90-2-111 and
					 90-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.1 - Program Description › Rule 36.18.105 - APPLICATION CONTENT FOR LOANS AND GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108,
					 90-2-111, and
					 90-2-113, MCA; IMP, Sec.
					 90-2-103,
					 90-2-108,
					 90-2-111 and
					 90-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.2 - Project Assessment › Rule 36.18.201 - TECHNICAL FEASIBILITY OF PROJECTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103,
					 90-2-108,
					 90-2-111 and
					 90-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.2 - Project Assessment › Rule 36.18.202 - ECONOMIC ASSESSMENT OF PROJECTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103,
					 90-2-108,
					 90-2-111 and
					 90-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.2 - Project Assessment › Rule 36.18.203 - ENVIRONMENTAL COMPATIBILITY OF PROJECTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103 and
					 90-2-108 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.2 - Project Assessment › Rule 36.18.204 - FINANCIAL FEASIBILITY FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108, MCA; IMP, Sec.
					 90-2-103 and
					 90-2-108,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.2 - Project Assessment › Rule 36.18.205 - LEGAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.3 - Project Prioritization › Rule 36.18.301 - RANKING OF FEASIBLE PROJECTS OR ACTIVITIES TO DETERMINE FUNDING PRIORITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-107 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.3 - Project Prioritization › Rule 36.18.302 - CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103,
					 90-2-107,
					 90-2-111 and
					 90-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.3 - Project Prioritization › Rule 36.18.303 - REPORTING AND MONITORING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-108,
					 90-2-110 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.4 - Loan Procedures › Rule 36.18.401 - FINANCIAL ARRANGEMENT FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108, MCA; IMP, Sec.
					 90-2-108 through
					 90-2-110,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.4 - Loan Procedures › Rule 36.18.402 - INTEREST RATES FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108, MCA; IMP, Sec.
					 90-2-108,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.4 - Loan Procedures › Rule 36.18.403 - SECURITY FOR LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108, MCA; IMP, Sec.
					 90-2-108 and
					 90-2-109,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.5 - General Administration › Rule 36.18.501 - USE OF FUNDS FOR GRANTS VERSUS LOANS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-107 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.5 - General Administration › Rule 36.18.502 - FEES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-103,
					 90-2-108,
					 90-2-110 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.18 - RENEWABLE RESOURCE DEVELOPMENT PROGRAM › Subchapter 36.18.5 - General Administration › Rule 36.18.503 - FORMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 90-2-108 and
					 90-2-111, MCA; IMP, Sec.
					 90-2-108 and
					 90-2-111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this chapter, the following terms shall
				  apply:
(1) "Act" means Title 90,
				chapter 2, part 11.
(2)
				"Department" means the department of natural resources and conservation
				provided for in Title 2, chapter 15, part 33.
(3) "Financially feasible" means that
				adequate funds are available to complete the project as approved.
(4) "Mineral" means any precious stones or
				gems, gold, silver, copper, coal, lead, petroleum, natural gas, oil, uranium,
				or other nonrenewable merchantable products extracted from the surface or
				subsurface of the state of Montana.
(5) "Mineral development" means exploration,
				extraction, processing, or other activity related to the production of a
				mineral.
(6) "Project" means a
				planned and coordinated action or series of actions addressing an objective
				consistent with the policy and purpose of the reclamation and development
				grants program. A project may consist of problem analysis, feasibility or
				design studies, environmental monitoring, remedial action plans or
				implementation, technology demonstration, research, construction or acquisition
				of capital facilities, or other related actions.
(7) "Public benefits" means those benefits
				that accrue to citizens as a group and enhance the common well-being of the
				people of Montana.
(8) "Public
				RESOURCES" means the natural RESOURCES of the state, including air, water,
				soil, minerals, vegetation, and fish and wildlife, and the economic, social,
				and cultural conditions of Montana citizens.
(9) "Qualified" means that an application
				convincingly demonstrates public benefits, need, and technical and financial
				feasibility.
(10) "Technically
				feasible" means that a project or activity can be designed, constructed,
				operated, or carried out to accomplish its objectives, utilizing accepted
				engineering and other technical principles and concepts.
90-2-1105, MCA; IMP,
					 90-2-1103 and
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.102 - ELIGIBLE PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) Funding will be
				recommended only for qualified projects that meet the eligibility requirements
				of Title 90, chapter 2, part 11, MCA.
(2) Only projects that will be conducted in
				Montana are eligible for funding.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 90-2-1111, and
					 90-2-1112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.103 - ELIGIBLE APPLICANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1111,
					 MCA;