(1) The application shall present an
analysis of why the reservation is needed. The analysis shall include the
following, where appropriate:
(a) a description of potential competing
water uses that could consume, degrade, or otherwise affect the water available
for the proposed reservation; or
(b) where information regarding the effect
of potential competing water uses on a proposed reservation is not available,
or where the applicant may not be eligible to apply for a water right permit, a
description of the water resource values associated with the reservation that
warrant protection; or
(c) where the applicant is otherwise
eligible to obtain a water right permit, an explanation of constraints to
project development that restrict the applicant from perfecting a permit for
the proposed reservation purpose. These constraints may include the inability
to finance a project in the near-term, lack of increased demand for water until
some time in the future, or the need for additional project planning before
water can be applied to beneficial use; or
(d) where the water reserved in a basin
designated in 85-2-316(2) (a) , MCA would be diverted for beneficial use in
another designated basin, a discussion of why stored water for leasing under
85-2-141, MCA would not be considered reasonably available for the proposed
use.