# Mont. Code Ann. § 85-2-310: 85-2-310 Action on application for permit or change in appropriation right > Montana · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-310 ## Section - **Citation:** Mont. Code Ann. § 85-2-310 - **Heading:** 85-2-310 Action on application for permit or change in appropriation right - **Jurisdiction:** Montana - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** MT Code / Title 85 / Chapter 2 / Part 3 / Section 85-2-310 ## Text 85-2-310 . (Temporary) Action on application for permit or change in appropriation right. (1) (a) If the department issues an updated draft preliminary determination or a preliminary determination to deny an application for a permit or a change in appropriation right under 85-2-307 , unless the applicant withdraws the application, the department shall hold a hearing pursuant to 2-4-604 after serving notice of the hearing by first-class mail on the applicant for the applicant to show cause by a preponderance of the evidence as to why the permit or change in appropriation right should not be denied. (b) (i) On request from the applicant, the department shall appoint a hearing examiner who did not participate in the preliminary determination. (ii) The applicant may make only one request pursuant to this subsection (1)(b) for a different hearing examiner. (c) A decision to deny a permit or change in appropriation right following a hearing under this subsection (1) is final. (2) (a) A hearing under subsection (1) is limited to the evidence presented in support of the application considered by the department pursuant to 85-2-302 and 85-2-307 . (b) If the department determines at a hearing held under subsection (1) that an application may proceed as a draft preliminary determination to grant or a draft preliminary determination to grant in a modified form, then the department shall modify the draft preliminary determination consistent with the determination of the hearing and proceed to provide notice of the opportunity to provide public comment pursuant to 85-2-307 (4). (c) The department shall issue its determination on a hearing held under subsection (1) within 90 days of the close of the administrative record. (3) If valid objections filed pursuant to 85-2-308 are not received on an application or if valid objections are unconditionally withdrawn and the department preliminarily determined to grant the permit or change in appropriation right, the department shall grant the permit or change in appropriation right as proposed in the preliminary determination pursuant to 85-2-307 . (4) If valid objections filed pursuant to 85-2-308 to an application are received and withdrawn with conditions stipulated with the applicant and the department preliminarily determined to grant the permit or change in appropriation right under 85-2-307 , the department shall grant the permit or change in appropriation right subject to conditions as necessary to satisfy applicable criteria. (5) The department shall deny, grant in a modified form, or grant with or without conditions a permit under 85-2-311 or a change in appropriation right under 85-2-402 by issuing a final determination within 90 days after the administrative record is closed for a hearing held pursuant to 85-2-309 . (6) If an application is to appropriate water with a point of diversion, conveyance, or place of use on national forest system lands, any application approved by the department is subject to any written special use authorization required by federal law to occupy, use, or traverse national forest system lands for the purpose of diversion, impoundment, storage, transportation, withdrawal, use, or distribution of the water applied for and any terms, conditions, and limitations related to the use of water contained in any special use authorization required by federal law. (7) The department may cease action on an application for a permit or change in appropriation right and return it to the applicant when it finds that the application is not in good faith or does not show a bona fide intent to appropriate water for a beneficial use. An application returned for either of these reasons must be accompanied by a statement of the reasons for which it was returned, and for a permit application there is not a right to a priority date based on the filing of the application. Returning an application pursuant to this subsection is a final decision of the department. not show a bona fide intent to appropriate water for a beneficial use. An application returned for either of these reasons must be accompanied by a statement of the reasons for which it was returned, and for a permit application there is not a right to a priority date based on the filing of the application. Returning an application pursuant to this subsection is a final decision of the department. (8) For all applications filed after July 1, 1973, the department shall find that an application is not in good faith or does not show a bona fide intent to appropriate water for a beneficial use if: (a) an application is not corrected and completed as required by 85-2-302 ; (b) the appropriate filing fee is not paid; (c) the application does not document: (i) a beneficial use of water; (ii) the proposed place of use of all water applied for; (iii) for an appropriation of 4,000 acre-feet a year or more and 5.5 cubic feet per second or more, a detailed project plan describing when and how much water will be put to a beneficial use. The project plan must include a reasonable timeline for the completion of the project and the actual application of the water to a beneficial use. (iv) for appropriations not covered in subsection (8)(c)(iii), a general project plan stating when and how much water will be put to a beneficial use; and (v) except as provided in subsection (9), if the water applied for is to be appropriated above that which will be used solely by the applicant or if it will be marketed by the applicant to other users, information detailing: (A) each person who will use the water and the amount of water each person will use; (B) the proposed place of use of all water by each person; (C) the nature of the relationship between the applicant and each person using the water; and (D) each firm contractual agreement for the specified amount of water for each person using the water; or (d) the appropriate environmental impact statement costs or fees, if any, are not paid as required by 85-2-124 . (9) If water applied for is to be marketed by the applicant to other users for the purpose of aquifer recharge or mitigation, the applicant is exempt from the provisions of subsection (8)(c)(v). The applicant shall provide information detailing the proposed place of use. (Terminates June 30, 2031--sec. 9, Ch. 244, L. 2023.) ## Nearby sections - [Mont. Code Ann. § 85-2-301 85-2-301 Right to appropriate -- recognition and confirmation of permits issued after July 1, 1973](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-301.md) - [Mont. Code Ann. § 85-2-302 85-2-302 Application for permit or change in appropriation right](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-302.md) - [Mont. Code Ann. § 85-2-303 85-2-303 Permit for conversion of nonproductive oil or gas well](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-303.md) - [Mont. Code Ann. § 85-2-304 85-2-304 Appropriation by state board of land commissioners](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-304.md) - [Mont. Code Ann. § 85-2-305 85-2-305 Appropriation permit for reservoir](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-305.md) - [Mont. Code Ann. § 85-2-306 85-2-306 Exceptions to permit requirements](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-306.md) - [Mont. Code Ann. § 85-2-307 85-2-307 Notice of receipt of application for permit or change in appropriation right -- draft preliminary determination -- extensions -- updated draft preliminary determination -- public comments -- issuance of preliminary determination](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-307.md) - [Mont. Code Ann. § 85-2-308 85-2-308 Objections](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-308.md) - [Mont. Code Ann. § 85-2-309 85-2-309 Hearings on objections -- jurisdiction](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-309.md) - [Mont. Code Ann. § 85-2-310 85-2-310 Action on application for permit or change in appropriation right](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-310.md) - [Mont. Code Ann. § 85-2-311 85-2-311 Criteria for issuance of permit](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-311.md) - [Mont. Code Ann. § 85-2-312 85-2-312 Terms of permit](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-312.md) - [Mont. Code Ann. § 85-2-313 85-2-313 Provisional permit](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-313.md) - [Mont. Code Ann. § 85-2-314 85-2-314 Revocation or modification of permit or change in appropriation right](https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_MT_T85_C2_P3_S85-2-310. Check the current official text before relying on it. Not legal advice.