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| Montana Administrative Register Notice 36-22-125 | No. 24 12/20/2007 | |
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Page No.: 2075 -- 2081 | |
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BEFORE THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION �
� To: All Concerned Persons � 1. On January 17, 2008, at 1:00 p.m., the Department of Natural Resources and Conservation will hold a public hearing in the Fred Buck Conference Room (bottom floor), at the Department of Natural Resources and Conservation, Water Resources Building, 1424 Ninth Avenue, Helena, Montana, to consider the amendment of the above-stated rules. � 2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on January 2, 2008, to advise us of the nature of the accommodation that you need. Please contact Kim Overcast, Montana Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT 59620, (406) 444-6614, fax (406) 444-0533, e-mail [email protected]. � 3. The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined: � 36.12.102 FORMS (1) The following necessary forms for implementation of the act and these rules are available from the Department of Natural Resources and Conservation, P.O. Box 201601, Helena, Montana 59620-1601 and its Water Resources regional offices, or on the World Wide Web at http://dnrc.mt.gov/wrd/default.asp. The department may revise as necessary the following forms to improve the administration of these rules and the applicable water laws: (a) Form No. 600, "Application for Beneficial Water Use Permit" (for groundwater developments in excess of 35 gpm or ten acre-feet per year and surface water appropriations)
(i) Form No. 600A, "Criteria Addendum, Application for Beneficial Water Use Permit," information must be submitted for appropriations of less than 4000 acre-feet and 5.5 cfs; or (ii) Form No. 600B, "Criteria Addendum, Application for Beneficial Water Use Permit," information must be submitted for appropriations of 4000 acre-feet or more and 5.5 cfs or more.
(i) submission of this application must include information required by the following
(s) Form No. 636, "Interim Permit Request"; (t) Form No. 637, "Reinstatement Request" (for reinstating a permit or change authorization); and (u) Form No. 638, "Water Reservation Application for Instream Flow" (for instream flow water reservation applications allowed under the United States of America, Department of Agriculture, Forest Service-Montana Compact, Article VI, section B). � AUTH: 85-2-113, MCA IMP: 85-2-113, MCA � REASONABLE NECESSITY: The amendments to the forms rule clarify that information addressing the form requirements must be submitted, not just the form itself. The proposed amendments also eliminate forms no longer used by the department and add new forms (636, 637, and 638) to be used for water right processing. Form numbers 636 and 637 are necessary in order for the department to ensure that the department obtains the necessary information from applicants or petitioners that is needed for water right processing. Form number 638 is needed to comply with the United States of America, Department of Agriculture, Forest Service-Montana Compact, 85-20-1401, MCA. � 36.12.103 FORM AND SPECIAL FEES (1) A filing fee, if required, shall be paid at the time the permit, change, notice of completion, extension of time request, temporary change renewal, ownership update, (a) For an Application for Beneficial Water Use Permit, Form No. 600, filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, or in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, or a controlled groundwater area pursuant to 85-2-506 and 85-2-507, MCA, or filed under a compact pursuant to Title 85, chapter 20, MCA, for all surface water, or a groundwater appropriation of greater than 35 gallons per minute, there shall be a fee of $800. (b) For an Application for Beneficial Water Use Permit, Form No. 600, filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, or in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, or a controlled groundwater area pursuant to 85-2-506 and 85-2-507, MCA, or filed under a compact pursuant to Title 85, chapter 20, MCA, for a groundwater appropriation of 35 gallons per minute or less, there shall be a fee of $200. (c) For an Application for Beneficial Water Use Permit, Form No. 600, not filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, nor in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, nor a controlled groundwater area pursuant to 85-2-506 and 85-2-507, MCA, nor filed under a compact pursuant to Title 85, chapter 20, MCA, for all surface water, or a groundwater appropriation of greater than 35 gallons per minute there shall be a fee of $600.
(i) the change application, Form No. 606, concerns a replacement well, greater than 35 gpm or ten acre-feet, or a municipal well that does not exceed 450 gpm, or replacement reservoir located on (ii) the change application, Form No. 606, concerns only moving or adding stock tanks to an existing system.
(i) photocopy and postage costs for copying and mailing the appointment of the hearing examiner, notice of hearing, and petition to all land owners and water right owners located within the proposed boundaries, and other persons as required by 85-2-506, MCA; (ii) photocopy and postage costs for copying and mailing the hearing examiner's proposal for decision, final order, and other orders as needed; (iii) newspaper publication of the notice of hearing and orders as required by statute and the hearing examiner; (iv) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and (v) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-506 and 85-2-507, MCA, except the cost of salaries of the department personnel.
(i) publication costs of the proposed rules in the Montana Administrative Register; (ii) photocopy and postage costs for copying and mailing the Administrative Rule Proposal Notice and appointment of the hearing examiner to all land owners and water right owners located within the proposed boundaries and other persons as required by 85-2-319, MCA; (iii) photocopy and postage costs for copying and mailing the Notice of Adoption and other documents as needed; (iv) newspaper publication of the Notice of Rulemaking Hearing; (v) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and (vi) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-319, MCA, except the cost of salaries of the department personnel.
(n) For a Replacement Well Notice, Form No. 634, there shall be a fee of (o) For a Redundant Well Construction Notice, Form No. 635, there shall be a fee of $50. (p) For a Reinstatement Request, Form No. 637, there shall be a fee of $200. (q) For a Water Reservation Application for Instream Flow, Form No. 638, there shall be a fee of $800, plus the applicant shall also pay: (i) photocopy and postage costs for copying and mailing the appointment of the hearing examiner and notice of hearing; (ii) photocopy and postage costs for copying and mailing the hearing examiner's proposal for decision, final order, and other orders as needed; (iii) newspaper publication of the notice of hearing and orders as required by statute and the hearing examiner; (iv) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and (v) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-506 and 85-2-507, MCA, except the cost of salaries of the department personnel. (2) and (3) remain the same. � AUTH: 85-2-113, MCA � REASONABLE NECESSITY: Pursuant to 85-2-113, MCA, the department may prescribe fees for public service provided under the Montana Water Use Act. The department evaluated water right application processing costs and revenues generated and determined that fee increases are necessary. The proposed fee increases are expected to raise revenues to $1,007,400 each year and will affect approximately 12,578 people. Some fee language has been changed to clearly denote the fees an applicant or petitioner are required to pay. Finally, the required fees for the new forms were identified. � 4. Concerned persons may submit their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted in writing to Kim Overcast, Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT 59620; fax (406) 444-5918; or e-mail [email protected], and must be postmarked no later than January 17, 2008. � 5. Kim Overcast, Department of Natural Resources and Conservation, has been designated to preside over and conduct the hearing. � 6. An electronic copy of this Notice of Public Hearing on Proposed Amendment is available through the department's web site at http://www.dnrc.mt.gov. The department strives to make the electronic copy of this Notice of Public Hearing on Proposed Amendment conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered. � 7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding conservation districts and resource development, forestry, oil and gas conservation, trust land management, water resources, or a combination thereof. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be sent or delivered to the contact person in (4) above or may be made by completing a request form at any rules hearing held by the department. � 8. The bill sponsor notice requirements of 2-4-302, MCA, do not apply. � �DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION � � /s/ Mary Sexton���������������������������������������� /s/ Anne Yates MARY SEXTON��������������������������������������� ANNE YATES Director��������������������������������������������������� Rule Reviewer Natural Resources and Conservation � � Certified to the Secretary of State on December 10, 2007. |
A directory of state agencies is available online at http://www.mt.gov/govt/agencylisting.asp.
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