(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 board and department rules (ARM Title 36,
chapter 2, sub-chapters 5 and 6) .
(2) If several applications are received or expected to be filed in a common drainage basin, the department
may choose to prepare one EIS that addresses all applications.
(3) An EIS, if required,
shall be prepared by the department sufficiently in advance of board 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.