Fillable Form 650 C - Temporary Lease Of Appropriation Right (Page 2 of 2) in pdf

Form No. 650 INS C07/01/2013

Form 650—TEMPORARY LEASE OF APPROPRIATION RIGHT

IMPORTANT INFORMATION

All of the required information must be entered for your application to be considered correct and complete as required under 85-

2-427, MCA. If the application is not correct and complete, it will be denied.

Please note, if an application is approved, the Department will provide notice to other users it deems may be adversely affected

by the temporary lease; information will also be posted on the Department website. The Department will accept correct and

complete objections to the temporary lease. If, after 60 days, there are no valid objections, the Department will issue a

temporary lease authorization. If there are valid objections, the approval of the lease is cancelled and no water may be used

pursuant to the lease. The owner of the water right whose lease approval was cancelled may request a hearing on the objection

within 15 days of the cancellation. The owner will be required to show proof that the temporary lease will not adversely affect

other users. The Department will issue an order after the hearing which will govern if the lease can be reinstated.

FORM INSTRUCTIONS

The statements near the top of the form must be acknowledged.

Item 1. Enter the complete name of the person listed as the water right owner(s), their mailing address, and phone numbers.

Item 2. Enter the complete name of the person listed as the potential lessee(s), their mailing address, and phone numbers.

Item 3. An owner may lease their water right, upon approval from the Department, for 2 years within any 10 year period. Enter

the dates the lease will be in effect. If the lease is only for 1 year, please indicate that. If the lease is for 2 years, you

may enter the dates for the second year or indicate that the second year will be decided upon at a later date. If you

choose to decide at a later date, you must notify DNRC prior to the start date of the lease during the second year. Keep

in mind, not only can the same water right not be leased more than 2 years in 10, the same place of use cannot be taken

out of production, even on a supplemental water right, to supply water for a lease within the same 10 year period.

Item 4. Enter the water right number proposed for lease.

Item 5. Enter the source of water used.

Item 6. Enter the flow rate proposed for lease.

Item 7. Enter the volume proposed for lease. The proposed volume for lease cannot exceed 180 acre-feet and it cannot

exceed the consumptive use of the water right per standards listed in ARM 36.12.2101. The Department will view

historic information (as of the date of perfection of the water right (July 1, 1973 for Statements of Claims)) to confirm

total historic use. If it is determined that less water than requested was used based on information available to the

Department, the lease may be approved for a lesser amount than requested.

Item 8. Enter the purpose for which the water will be used when leased.

Item 9. Describe the location to the nearest 10 acres if possible. Legal land descriptions, subdivisions, geocodes, and

certificate of survey information may be obtained from the county records, tax statements, or from the Montana

Cadastral system at:

Subdivisions – In addition to the above description, enter the lot and block or tract number, subdivision name.

Government Lots – In addition to the land description, enter the government lot number.

Certificate of Survey - In addition to the land description, enter the survey number.

Street or Road Address – Enter the physical address of the development including city, state, and zip code.

Item 10. Attach the following:

Evidence that the water right has been used in the last 5 years which can include recent aerial photos, dated photos,

notarized affidavit, power bills, etc.

Explain how the use will cease on the water right place of use, including supplemental rights. Keep in mind, not only can

the same water right not be leased more than 2 years in 10, the same place of use cannot be taken out of production, even

on a supplemental water right, to supply water for a lease within the same 10 year period.

An analysis of potential adverse effects to other users as well as a plan to offset any potential adverse effects. Information

must document any changes to historic rate, timing, and location of return flows and those water rights that may be affected

by those changes.

Describe how you intend on measuring the amount of water sold to the lessee.

The lease agreement can be provided with the application or after the application is approved. The water right owner must

submit the lease agreement to the applicable DNRC regional office prior to using the leased water.

If the original purpose of the water right proposed for lease is not irrigation, domestic, lawn & garden, or stock, include a

signed waiver of timelines form which can be obtained from the Regional Office.

Item 11. If everything is correct, sign and date the form.

Send the form to your local Water Resources Regional Office.

BILLINGS: 406-247-4415; Airport Industrial Park, 1371

HELENA: 406-444-6999; PO Box 201601,

Rimtop Dr, Billings MT 59105-1978

Helena MT 59620-1601

Serving: Big Horn, Carbon, Carter, Custer, Fallon, Powder

Serving: Beaverhead, Broadwater, Deer Lodge, Jefferson, Lewis

River, Prairie, Rosebud, Stillwater, Sweet Grass, Treasure, &

& Clark, Powell, & Silver Bow Counties

Yellowstone Counties

KALISPELL: 406-752-2288; 655 Timberwolf Parkway, Suite 4,

BOZEMAN: 406-586-3136; 2273 Boot Hill Court, Suite 110,

Kalispell MT 59901

Bozeman MT 59715

Serving: Flathead, Lake, Lincoln, & Sanders Counties

Serving: Gallatin, Madison, & Park Counties

LEWISTOWN: 406-538-7459; 613 NE Main St, Suite E,

GLASGOW: 406-228-2561; PO Box 1269,

Lewistown MT 59457-2020

Glasgow MT 59230-1269

Serving: Cascade, Fergus, Golden Valley, Judith Basin, Meagher,

Serving: Daniels, Dawson, Garfield, McCone, Phillips,

Musselshell, Petroleum, & Wheatland Counties

Richland, Roosevelt, Sheridan, Valley, & Wibaux Counties

MISSOULA: 406-721-4284; PO Box 5004,

HAVRE: 406-265-5516; PO Box 1828, Havre MT 59501-1828

Missoula MT 59806-5004

Serving: Blaine, Chouteau, Glacier, Hill, Liberty, Pondera,

Serving: Granite, Mineral, Missoula, & Ravalli Counties

Teton, & Toole Counties

Form 650 C - Temporary Lease Of Appropriation Right Page 2

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