36.16.118    CHANGES AND TRANSFERS

(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.

(8) An Application for Change of Appropriation Water Right must be filed in accordance with (1) through (6) if a transfer of water reservation involves a change in the original reservations' criteria under 85-2-316(4), MCA.

(9) All decisions regarding changes and transfers shall reflect a consideration of the decision criteria listed in 85-2-316(4), MCA, and ARM 36.16.107A.

History: 85-2-113, MCA; IMP, 85-2-316, 85-2-331, 85-2-605, MCA; NEW, 1986 MAR p. 1584, Eff. 9/26/86; AMD, 1989 MAR p. 2066, Eff. 12/8/89; AMD, 1994 MAR p. 1297, Eff. 5/13/94; AMD, 2015 MAR p. 1909, Eff. 10/30/15.