Fillable Form 611 - Objection To Application 2008 (Page 2 of 2) in pdf

5. WHY ARE YOU FILING AN OBJECTION?

Statute requires that an objector provide facts that explain how or why one or more of the application criteria cannot

be met. If facts are not supplied, the objection cannot be deemed valid.

If an Administrative Hearing is held on the application you will be limited to only those criteria on which you specifically

file an objection and to those objections that are deemed valid. For further information, see the Administrative Rules

pertaining to filing a water right objection. (ARM 36.12.117)

Attach a separate sheet and provide the following information. Complete information for only A) or B), not

both.

The application number, applicant name, and your name.

The corresponding numbers shown below to clearly indicate on which criteria you are objecting.

For each criterion on which you are objecting, provide facts explaining why you do not believe the criterion

can be met.

A) Objection To Permit Application – For each box that is checked, provide facts explaining why one or more of the

criteria in §85-2-311, MCA, cannot be met.

1. Physical Availability – Provide facts showing why water cannot be considered physically available.

2. Legal Availability – Provide facts showing why the water cannot be considered legally available.

3. Adverse Affect – Provide facts showing how this proposed use will adversely affect your water right.

4. Diversion Works – Provide facts showing why the construction of the project may not be adequate.

5. Beneficial Use – Provide facts showing why the use (purpose) or flow rate and volume may not be

considered beneficial.

6. Possessory Interest – Provide facts showing the applicant does not have possessory interest in the place of

use.

B) Objection To Change Application – For each box that is checked, provide facts explaining why one or more of

the criteria in §85-2-402, MCA, cannot be met.

1. Adverse Affect - Provide facts showing how this proposed change will adversely affect your water right or

interest or how the historic use of the water right proposed for change is different than described in the

application.

2. Diversion Works - Provide facts showing why the construction of the project may not be adequate.

3. Beneficial Use - Provide facts showing why the use (purpose) or the flow rate and volume may not be

considered beneficial.

4. Possessory Interest - Provide facts showing the applicant does not have possessory interest in the place of

use.

Water Quality Objections - Refer to §85-2-311(1)(f), (g), or (h) and §85-2-311(2), MCA, for Permit Applications. For

Change Applications, see §85-2-402(2)(f) or (g) and 85-2-402(3), MCA.

7. ARE YOU REPRESENTED BY COUNSEL?

8. PERSON PREPARING THIS FORM, if different from

YES

objector

Name _________________________________________

Mailing Address _________________________________

City, State, Zip __________________________________

Phone _________________________________________

9. OBJECTOR'S SIGNATURE - Only an objector whose signature appears below will be allowed to participate in an

administrative hearing. (See ARM 36.12.117(5)) If you are represented by counsel, counsel may sign.

SIGNATURE_________________________________________________________DATE________________________

Form 611 - Objection To Application 2008 Page 2

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