(1) The necessity for an EIS must be evaluated for each reservation application as required by the Montana Environmental Policy Act (Title 75, chapter 1, MCA), the Montana Water Use Act (Title 85, chapter 2, MCA), and department rules (ARM Title 36, chapter 2, subchapters 5 and 6).

(2) An EIS, if required, shall be prepared by the department sufficiently in advance of any action on the reservation application to allow for full public review and comment. If necessary, the department may require the applicant to submit information needed to assess the impacts of the proposed reservation.