36.12.1801    PERMIT AND CHANGE APPLICATIONS - BENEFICIAL USE

(1) Water may be appropriated for beneficial use:  

(a) by a governmental entity for the public;

(b) by a person for the sale, rent, or distribution to others; or

(c) by a person for the person's own use, unless provided otherwise by statute; or

(d) for other person's use, according to law.

(2) The applicant must explain the following:

(a) how the purpose for the water benefits the applicant or other persons as authorized by law; and

(b) that the requested flow rate and volume for each purpose is reasonably needed to accomplish that purpose.

(3) The applicant does not need to explain that the flow rate or volume for each purpose is reasonable if:

(a) the requested volume of water for each purpose conforms to standards set out in ARM 36.12.115 for a permit application or ARM 36.12.1902 for a change application; and

(b) there are no other associated or overlapping water rights appurtenant to the proposed place of use. 

 

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2018 MAR p. 451, Eff. 2/24/18; AMD, 2023 MAR p. 1872, Eff. 1/1/24.