85-2-124. Costs and fees for environmental impact statements. (1) Whenever the department determines that the filing of an application or a combination of applications for a permit or approval under this chapter requires the preparation of an environmental impact statement as prescribed by the Montana Environmental Policy Act and the application or combination of applications involves the use of 4,000 or more acre-feet per year and 5.5 or more cubic feet per second of water, the applicant shall follow the process and shall pay to the department the costs or fees for the environmental impact statement as provided in Title 75, chapter 1, parts 1 and 2. The payment of costs and fees for the environmental impact statement must be deposited in the state special revenue fund to be used by the department only to comply with the Montana Environmental Policy Act in connection with the application or applications.
(2) Costs or fees as prescribed by this section may not be assessed against an applicant for a permit or approval if the applicant has also filed an application for a certificate of compliance pursuant to the Montana Major Facility Siting Act and the appropriation or use of water involved in the application or applications for permit or approval has been or will be studied by the department pursuant to that act.
(3) Failure to submit the costs or fees as required by this section voids the application or applications.
(4) The department may in its discretion rely upon the environmental studies, investigations, reports, and assessments made by any other state agency or any person, including any applicant, in the preparation of its environmental impact statement.
History: En. 89-8-102.2 by Sec. 1, Ch. 356, L. 1975; amd. Sec. 1, Ch. 117, L. 1977; R.C.M. 1947, 89-8-102.2; amd. Sec. 1, Ch. 277, L. 1983; amd. Sec. 4, Ch. 448, L. 1983; amd. Sec. 6, Ch. 573, L. 1985; amd. Sec. 15, Ch. 217, L. 2003; amd. Sec. 19, Ch. 337, L. 2005.
Structure Montana Code Annotated
Chapter 2. Surface Water and Ground Water
85-2-101. Declaration of policy and purpose
85-2-103. Measurement of water
85-2-105. Water policy interim committee duties
85-2-106. through 85-2-110 reserved
85-2-113. Department powers and duties
85-2-114. Judicial enforcement
85-2-117. Water right records for filing with local clerk and recorder
85-2-118. through 85-2-120 reserved
85-2-121. Administrative proceedings
85-2-123. Deposit of fees and penalties
85-2-124. Costs and fees for environmental impact statements
85-2-125. Recovery of costs and attorney fees by prevailing party
85-2-126. through 85-2-130 reserved
85-2-131. Application for change of watercourse name
85-2-132. Change of watercourse name -- public notice
85-2-133. Change of watercourse name -- hearing
85-2-134. Change of watercourse name -- judgment to be filed with county clerk
85-2-135. through 85-2-140 reserved
85-2-141. Water leasing program
85-2-142. through 85-2-144 reserved
85-2-145. Removal of natural obstruction to exercise water right -- consent or court ruling required
85-2-146. through 85-2-149 reserved
85-2-150. Chronically dewatered watercourse -- identification
85-2-151. through 85-2-153 reserved