Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.117 - OBJECTION TO APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) A person
				objecting to a proposed application under
				85-2-308, MCA, must file an
				objection to an application on Form No. 611, Objection to Application, which
				can be obtained from the department, and must comply with the requirements set
				forth in this rule.
(2) A separate
				Objection to Application must be filed for each water right
				application.
(3) Persons owning
				separate water rights must each file an Objection to Application form. For
				example, if person A owns a water right and B owns a different water right and
				both want to file an objection to the same application, owner A and owner B
				must each file a separate Objection to Application form.
(4) Co-owners (owners of a water right that
				is not split between the owners) of an undivided water right may file one
				Objection to Application form.
(5)
				Each objector who wants to participate in the department's contested case
				hearing must sign the Objection to Application form.
(6) An Objection to Application is timely if
				the postmark date on the form is on or before the objection deadline stated in
				the public notice of the application. A fax of the Objection to Application
				form will be accepted, provided the original Objection to Application form is
				postmarked or hand-delivered timely. Electronic mail (e-mail) submissions of
				the Objection to Application will not be accepted.
(7) An Objection to Application filed with
				the department before an application has been published will not be accepted
				and will be returned.
(8) Upon
				receipt of an Objection to Application or response to an Objection Deficiency
				Notice, the department will place the envelope postmark date on the form. If
				the postmark date is not legible, the department will assign the date as two
				days prior to the department's receipt of the objection form. An objector is
				solely responsible for ensuring timeliness, a legible postmark, and filing of
				the objections.
(9) An Objection to
				Application is correct and complete if it includes the following legible
				information:
(a) filing fee;
(b) objector's name and mailing address;
(c) name of the water right
				applicant;
(d) water right
				application number;
(e) if an
				objector is claiming the objector's water right will be adversely affected if
				the application were granted, the objector must provide the department-assigned
				water right number. If the water right was exempt from the statewide water
				right filing requirements and is not on record with the department, the
				objector must provide the following information:
(i) date of first use;
(ii) source;
(iii) means of diversion;
(iv) type of use (stock or
				domestic);
(v) the flow rate and
				volume of water used;
(vi) the
				point of diversion; and
(f) facts indicating that the application
				does not meet one or more of the applicable criteria set forth in
				85-2-302,
				85-2-311,
				85-2-316,
				85-2-402,
				85-2-407, or
				85-2-408, MCA. The facts provided
				must specifically describe why or how one or more of the criteria are not
				met;
(g) facts explaining how the
				person has standing to object. To have standing, a person must have property,
				water rights, or other interests that would be adversely affected were the
				application to be granted. The objection must describe how the person's
				property, water rights, or interests will be adversely affected if the water
				right application were granted;
(h)
				if an objector is claiming adverse effect to instream flow water rights for
				fish, wildlife, and recreation, the objector must:
(i) 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;
(ii) identify the point or points where the
				instream flow water right is measured and monitored; and
(i) signature of the objector or the
				objector's legal representative. If a representative of the objector other than
				objector's attorney signs the Objection to Application affidavit, the
				representative shall state the relationship of the representative to the
				objector and provide documentation demonstrating the authenticity of that
				relationship.