Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in these rules, the following definitions
				  apply:
(1) "Applicant" means a person
				who filed an application.
(2)
				"Application" means any application which has been filed pursuant to Title 85,
				chapter 2, MCA for appropriating water or changing appropriation
				rights.
(3) "Department" means the
				department of natural RESOURCES AND CONSERVATION.
(4) "Director" means the director of the
				department or the director's designee.
(5) "Final decision-making" means all events
				after the issuance of a proposal for decision necessary to the completion of a
				final order.
(6) "Hearing examiner"
				means the person or persons assigned by the director to hear the contested case
				and to participate in the final decision-making process.
(7) "Notice of application" means the notice
				prepared and published by the department pursuant to
				85-2-307, MCA.
(8) "Objection" means an objection to an
				application filed in accordance with Title 85, chapter 2, MCA.
(9) "Objector" means a person who filed an
				objection.
(10) "Party" means those
				persons who are applicants, timely objectors, petitioners or permittees under
				Title 85, chapter 2, parts 3, 4, 5 and 8, MCA and are entitled as of lawful
				right to a contested case hearing.
(11) "Permit" means a permit to appropriate
				water issued by the department under Title 85, chapter 2, part 3,
				MCA.
(12) "Person" means an
				individual, association, partnership, corporation, state agency, political
				subdivision, the United States or any agency thereof, or any other entity.
				85-2-102(10),
				MCA.
(13) "Petition" means the
				document filed with the department pursuant to
				85-2-505(2),
				MCA.
(14) "Proceeding" means all
				events, including prehearing conferences, hearings, orders, and proposals for
				decision, necessary to the completion of the hearing process.
(15) "Service; serve" means personal service
				or service by first class United States mail, postage prepaid and addressed to
				a person's last known address. Proof of service shall be made by the person
				making such service. Service by mail is complete upon the placing of the item
				to be served in the mail. Agencies of the state of Montana may also serve by
				depositing the item to be served with the mail and distribution section,
				general services DIVISION, department of administration.
(16) "Staff" means a person employed or
				retained by the department.
(17)
				"Timely objector" means a person who filed an objection to an application with
				the department by the date specified in the notice of application. Objections
				that are postmarked on or before or personally delivered by the date specified
				in the notice of application shall be deemed as timely filed.
(18) "Untimely objector" means a person who
				did not file an objection to an application by the date specified in the notice
				of application, but who objects to an application sometime
				thereafter.
2-4-201 and
					 85-2-113, MCA; IMP,
					 2-4-201 and
					 85-2-113,
					 MCA;