(1) After application acceptance, an applicant may modify any element of a permit or change application prior to the department's issuance of a draft preliminary determination.

(2) Modification of an element of a permit or change application requires an application amendment Form No. 655 to be submitted to the department which identifies the elements being modified;

(3)  Modification of an element will reset the statutory timelines for application processing identified in 85-2-302 and 85-2-307, MCA.

(a)  If the applicant completed a preapplication meeting and the modification does not require the department to update its technical analyses, the reduced preapplication timelines shall still apply.

(b)  If the applicant completed a preapplication meeting and the modification requires the department to update any of its technical analyses, the reduced preapplication timelines shall no longer apply.

(4) An applicant may change the name on an application before publication by notifying the department in writing. For name changes after an application has been published and objections have been received, an applicant must notify the department and all parties in writing.

(5) In addition to resetting timelines identified in (1), the priority date of a permit application will be changed to the date the last modification was made if a modification changes the nature or scope of the permit application information. A change in the nature or scope of the permit includes the following types of modifications:

(a) the flow rate is increased;

(b) the volume is increased;

(c) the acreage is increased;

(d) the period of diversion is expanded;

(e) the source of supply is changed;

(f) the point of diversion is changed;

(g) the place of use is changed;

(h) the purpose is changed;

(i) the period of use is expanded, unless the application involves a use from a reservoir and the impact would not change; and

(j) any modification where the effect on the source of supply or its tributaries changes the impact described from the originally submitted information.

(6)  If the draft preliminary determination is to deny or to grant with modifications, the applicant may modify their application, after the draft preliminary determination has been issued.  The applicant may modify their application only if they have been granted an extension of time under 85-2-307(3), MCA, and may only modify it one time under this provision.