Form 606 NIR "Application to Change an Existing Non-irrigation Water Right" - Montana

What Is Form 606 NIR?

This is a legal form that was released by the Montana Department of Natural Resources and Conservation - a government authority operating within Montana. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on October 1, 2019;
  • The latest edition provided by the Montana Department of Natural Resources and Conservation;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form 606 NIR by clicking the link below or browse more documents and templates provided by the Montana Department of Natural Resources and Conservation.

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Download Form 606 NIR "Application to Change an Existing Non-irrigation Water Right" - Montana

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Form No. 606 NIR (R 07-2020)
APPLICATION TO CHANGE
AN EXISTING
NON-IRRIGATION WATER RIGHT
FILING FEE
$900.00
To change a point of diversion, place of use, purpose of
use, or place of storage.
$200.00
(The following types do not qualify for a filing fee reduction)
• Replacement well that exceeds 35 GPM or 10 AF per year
• Replacement municipal well that exceeds 450 GPM
FOR DEPARTMENT USE ONLY
• Replacement reservoir on the same source
Application # _____________________ Basin ________
*Make checks payable to DNRC.
Date Received __________________________________
FILING FEE REDUCTION
If you attend a pre-application meeting with DNRC staff and your
Time __________________________________ AM / PM
application is submitted within 6 months of the meeting date, the filing
fee will be reduced by $200.00. The time period may be extended if
measurements or an aquifer test is required.
Rec'd By _______________________________________
Use this application to change the point of diversion, place of use,
Fee Rec'd $__________________ Check #___________
purpose of use, and/or place of storage of an existing non-irrigation
water right. Attach additional sheets if necessary. Attachments must
Deposit Receipt # ________________________________
be labeled as shown in the sections below.
ADDENDUMS THAT MAY BE NEEDED
Payor _________________________________________
Water Marketing
Place of Storage
Sage Grouse Review
Instream Flow
Salvage Water
Aquifer Testing
Refund $________________ Date _________________
Addendum
Purpose
Temporary Change
Applicant Name
_________________________________________________________________________________
Mailing Address __________________________________________________________________________
City __________________________________________ State ___________________ Zip ___________
Phone Numbers: Home ___________________ Work __________________ Cell __________________
Email Address ___________________________________________________________________________
Contact Person:  Contact is Applicant  Contact is Consultant  Contact is Attorney  Contact is Other
Contact Name ___________________________________________________________________________
Mailing Address __________________________________________________________________________
City __________________________________________ State ___________________ Zip ___________
Phone Numbers: Home ___________________ Work __________________ Cell __________________
Email Address ___________________________________________________________________________
N
:
If a contact person is identified as an attorney, all communication will be sent only to the attorney unless the attorney provides
OTE
written instruction to the contrary. If a contact person is identified as a consultant, employee, or lessee, the individual filing the water
right form will receive all correspondence and a copy may be sent to the contact person.
CHANGE APPLICATION INFORMATION
A water right owner who wants to make a change to an existing water right must submit an application to the DNRC. The
proposed change cannot create an adverse affect to other existing users who hold water rights that may have an earlier (senior)
or later (junior) priority date than the Applicant’s.
If the application for change is granted, the Applicant’s water right will retain its priority date. A water right is valid if water was
actually put to use historically. The water right is limited to the extent of that historical use. A water right cannot exist if it was
never used, even if the water right is described on paper. The information provided to the questions below is required for the
Department to begin processing the application. The Department may require additional information during the processing of the
application.
For any questions, please contact a Water Resources Division Regional Office.
Application to Change a Non-Irrigation Water Right
Page 1
Form No. 606 NIR (R 07-2020)
APPLICATION TO CHANGE
AN EXISTING
NON-IRRIGATION WATER RIGHT
FILING FEE
$900.00
To change a point of diversion, place of use, purpose of
use, or place of storage.
$200.00
(The following types do not qualify for a filing fee reduction)
• Replacement well that exceeds 35 GPM or 10 AF per year
• Replacement municipal well that exceeds 450 GPM
FOR DEPARTMENT USE ONLY
• Replacement reservoir on the same source
Application # _____________________ Basin ________
*Make checks payable to DNRC.
Date Received __________________________________
FILING FEE REDUCTION
If you attend a pre-application meeting with DNRC staff and your
Time __________________________________ AM / PM
application is submitted within 6 months of the meeting date, the filing
fee will be reduced by $200.00. The time period may be extended if
measurements or an aquifer test is required.
Rec'd By _______________________________________
Use this application to change the point of diversion, place of use,
Fee Rec'd $__________________ Check #___________
purpose of use, and/or place of storage of an existing non-irrigation
water right. Attach additional sheets if necessary. Attachments must
Deposit Receipt # ________________________________
be labeled as shown in the sections below.
ADDENDUMS THAT MAY BE NEEDED
Payor _________________________________________
Water Marketing
Place of Storage
Sage Grouse Review
Instream Flow
Salvage Water
Aquifer Testing
Refund $________________ Date _________________
Addendum
Purpose
Temporary Change
Applicant Name
_________________________________________________________________________________
Mailing Address __________________________________________________________________________
City __________________________________________ State ___________________ Zip ___________
Phone Numbers: Home ___________________ Work __________________ Cell __________________
Email Address ___________________________________________________________________________
Contact Person:  Contact is Applicant  Contact is Consultant  Contact is Attorney  Contact is Other
Contact Name ___________________________________________________________________________
Mailing Address __________________________________________________________________________
City __________________________________________ State ___________________ Zip ___________
Phone Numbers: Home ___________________ Work __________________ Cell __________________
Email Address ___________________________________________________________________________
N
:
If a contact person is identified as an attorney, all communication will be sent only to the attorney unless the attorney provides
OTE
written instruction to the contrary. If a contact person is identified as a consultant, employee, or lessee, the individual filing the water
right form will receive all correspondence and a copy may be sent to the contact person.
CHANGE APPLICATION INFORMATION
A water right owner who wants to make a change to an existing water right must submit an application to the DNRC. The
proposed change cannot create an adverse affect to other existing users who hold water rights that may have an earlier (senior)
or later (junior) priority date than the Applicant’s.
If the application for change is granted, the Applicant’s water right will retain its priority date. A water right is valid if water was
actually put to use historically. The water right is limited to the extent of that historical use. A water right cannot exist if it was
never used, even if the water right is described on paper. The information provided to the questions below is required for the
Department to begin processing the application. The Department may require additional information during the processing of the
application.
For any questions, please contact a Water Resources Division Regional Office.
Application to Change a Non-Irrigation Water Right
Page 1
You must provide a written notice of the application to each owner of an appropriation right sharing the point of
diversion or means of conveyance (canal, ditch, flume, pipeline, or other constructed waterway).
Have you sent this notice?
N/A
Yes
No If no, your application cannot be deemed correct
and complete until you have sent the notice. § 85-2-302 (4)(c), MCA
NIR.1 APPLICATION DETAILS - ARM 36.12.1901
NIR.1.A
Check what element(s) of the water right(s) you are you proposing to change.
Point of Diversion
 Place of Use
 Purpose of Use
Place of Storage
(complete a Change in
(complete a Change in
Purpose addendum)
Storage addendum)
NIR.1.B
Provide the following information for the water right(s) you are proposing to change.
What is the Flow Rate needed
Current Flow Rate
for the project?
Water Right No. & Basin
Flow Rate
CFS
GPM
Flow Rate
CFS
GPM
NIR.1.C
Yes  No 
Does the change involve the Point(s) of Diversion? If yes, describe the proposed
location of the new diversion(s) to the nearest 10 acres. Include additional Points of Diversion on a separate
sheet. Please label attachment NIR.1.C Application Details.
POD #1 ____1/4 ___1/4 ____1/4 Sec____ Twp ____ N/S Rge ____ E/W County
__________________________
Lot_____ Block_____ Tract No._____ Subdivision Name __________________________________________
Government Lot _____ Latitude ______________________ Longitude ___________________________
POD #2 ____1/4 ___1/4 ____1/4 Sec____ Twp ____ N/S Rge ____ E/W County
__________________________
Lot_____ Block_____ Tract No._____ Subdivision Name __________________________________________
Government Lot _____ Latitude ______________________ Longitude ___________________________
NIR.1.D
Yes  No 
Does the change involve the Place(s) of Use? If yes, provide the following:
GEOCODE(S) of the place of use (17 digits) __________________________________________________
If there are multiple places of use, list the geocode for each parcel on an attached sheet and label attachment NIR.1.D
Application Details. The geocodes can be found at the County Clerk and Recorders Office or by visiting
http://gis.mt.gov.
LEGAL LAND DESCRIPTION: Enter acres if Lawn & Garden. Include additional Places of Use on a
separate sheet and label attachment NIR.1.D Application Details.
_______ Acres _____ Lot _____ Block _____1/4 ____1/4 ____1/4 Sec____ Twp _____ N/S Rge _____ E/W
_______ Acres _____ Lot _____ Block _____1/4 ____1/4 ____1/4 Sec____ Twp _____ N/S Rge _____ E/W
_______ Acres _____ Lot _____ Block _____1/4 ____1/4 ____1/4 Sec____ Twp _____ N/S Rge _____ E/W
_______ Acres _____ Lot _____ Block _____1/4 ____1/4 ____1/4 Sec____ Twp _____ N/S Rge _____ E/W
Application to Change a Non-Irrigation Water Right
Page 2
NIR.1.E
Yes  No 
Will you be transporting water for use outside Montana? If yes, you must address
additional information outlined in § 85-2-402(6), MCA on a separate sheet of paper. Please label
attachment NIR.1.E Application Details.
NIR.1.F
 Attach a narrative explaining specific details of the requested change(s) to the water right and
why it is being requested. Please label attachment NIR.1.F Application Details.
NIR.1.G
Yes  No 
Are you proposing to change all of the water right(s) associated with the place of
use? If no, attach an explanation of why not. Please label attachment NIR.1.G Application
Details.
NIR.1.H
Identify the water rights used on the place of use that are not included in this application.
Water Right No. &
Basin
Priority Date
Water Right No. & Basin
Priority Date
NIR.1.I
 Attach Form 633 or approval of variance from DNRC if proposing a new groundwater well.
NIR.2 MAP – ARM 36.12.111
Maps depicting the historic and proposed water system are required. Aerial photos may be available from the
DNRC, NRIS, NRCS, USGS, and on the Internet and may be available from the 1940s up until today.
NIR.2.A
 Note the section corners, township, range, and add a north arrow to the map for all maps
submitted.
NIR.2.B
 Historic Use - for each water right being changed, provide a map depicting the historic point(s)
of diversion, means of conveyance, place of use, and place of storage. Be sure to identify the
water right number on each map.
NIR.2.C
 Historic Use - if you measure water near the historical point of diversion or place of use, please
identify where the measurement occurs.
NIR.2.D
 Proposed Use - provide a map which clearly identifies the proposed point(s) of diversion, place
of use, and place of storage. For partial changes, the map should reflect the entire water right
including the proposed change and the remaining historic use.
NIR.3 HISTORIC USE - ARM 36.12.1902
For the questions below, describe the historic use of the water right or the current use if a change authorization
was previously granted on the water right. The description of the historic use depends on the type of water
right being changed. Historic use for a Statement of Claim or for an exempt non-filed right must be described
as it was used prior to July 1, 1973. Historic use for provisional permits and certificates of water right must be
described as was used at the filing date of the completion notice.
The historic consumptive use is the amount of water that was diverted from the source minus the amount of
water that returns to a water source.
Complete the following information for each water right being changed.
NIR.3.A
 Attach a description of how the system operated from the point of diversion through the place of
use. Include a description of wastewater collection and treatment used, if any. Please label
attachment NIR.3.A Historic Use.
Application to Change a Non-Irrigation Water Right
Page 3
NIR.3.B
 Attach a description of the uses (i.e. domestic, stock, irrigation of parks, industrial, commercial,
etc.) and provide a narrative detailing the approximate amount of water associated with those
uses. Please label attachment NIR.3.B Historic Use.
NIR.3.C
What has been used to convey the water to the place of use?
Conveyance (ditch/pipeline) __________________________ Size ________ Length _________
Conveyance (ditch/pipeline) __________________________ Size ________ Length _________
NIR.3.D
What is your diversion method type and capacity?
Diversion _______________________________
Capacity _____________________GPM/CFS
NIR.3.E
How did you determine the capacity? _________________________________________________
________________________________________________________________________________________
________________________________________________________________________________________
NIR.3.F
How often do you divert water? ____________________________________________________
NIR.3.G
What is the duration of each diversion? Days/year ______________ Hours/day _____________
NIR.3.H
If wastewater is discharged, what amount of water is discharged? _________________ GPM/CFS
NIR.3.I
Yes  No 
Do you measure water near the existing point of diversion or near/at your place of
use? If yes, what type of measuring device do you use? _________________________________
NIR.3.J
Yes  No 
Do you have water commissioner, water measurement records available, or other
documents that support the amount of water you have historically diverted or used? If yes, please
submit that information and label attachment NIR.3.J Historic Use.
NIR.3.K
Yes  No 
Do you supplement your water usage with water from another water right? If yes,
attach an explanation of that water right and how and when it is used to supplement this water right.
Please label attachment NIR.3.K Historic Use.
NIR.4 ADVERSE EFFECT – ARM 36.12.1903
NIR.4.A
 Attach an explanation of how all points of diversion will be operated in order to not exceed
historical diverted flow rate? Please label attachment NIR.4.A Adverse Effect.
NIR.4.B
 Attach an explanation of what your plan is to not create an adverse effect to existing water
rights, certificates, permits, and water reservations? Please label attachment NIR.4.B Adverse
Effect.
NIR.4.C
 Attach an explanation of when the last time water was appropriated and used beneficially to the
extent identified in your water right. If there has been a period of non-use, explain why the
water right was not used, and explain why a resumption of use will not adversely affect other
water users. Please label attachment NIR.4.C Adverse Effect.
NIR.5 ADEQUATE DIVERSION MEANS AND OPERATION – ARM 36.12.1904
NIR.5.A
Yes  No 
Is the means of diversion a well? If yes, provide a copy of the well log. If the well
log is not available, who drilled the well? ______________________________________________
NIR.5.B
Yes  No 
Is another agency requiring you to measure your water use?
If yes, explain.
________________________________________________________________
Application to Change a Non-Irrigation Water Right
Page 4
NIR.5.C
Yes  No 
Do you have any plans to measure your diversion and use? If yes, attach a
description of the plan and the type of measurements you will take. Please label attachment NIR.5.C
Adequate Diversion Means and Operation.
NIR.5.D
 For applications that propose new conveyance facilities, provide preliminary design plans and
specifications for the proposed diversion and conveyance facilities and the equipment used to
put the water to beneficial use.
NIR.6 PROPOSED BENEFICIAL USE – ARM 36.12.1801
NIR.6.A
Flow rate, diverted volume, and consumed volume cannot increase as a result of this change. If you
are maintaining the same purpose but changing or have changed the method of use, attach an
explanation of the new method. Please label attachment NIR.6.A Proposed Beneficial Use.
NIR.7 GENERAL PROJECT PLAN & PROPOSED COMPLETION PERIOD
NIR.7.A
How many years will you need to complete this project? _____________________
Why is this needed? ______________________________________________________________
_______________________________________________________________________________
NIR.8 CHANGE APPLICATION ADDENDUMS
Check yes or no if any of the following addendums are applicable:
Yes  No 
Water Marketing: Required if you are changing your use to Water Marketing.
Yes  No 
Change to Instream Flow: Use if your proposed project includes a change to instream flow.
Yes  No 
Change of Purpose: Use if you’re changing the purpose of the water right.
Yes  No 
Place of Storage: Required if you are adding or changing a storage reservoir.
Yes  No 
Change of Salvage Water: Use if the change application includes appropriation of water made
available for use from an existing valid water right through creation of a water-saving method.
Temporary Change: Required if the change application is to be for a temporary period of
Yes  No 
time.
Yes  No 
Sage Grouse Habitat Project Review: Required if the diversion and/or place of use are
located within an area designated as sage grouse habitat, (https://sagegrouse.mt.gov).
Aquifer Testing Addendum: Required for all new groundwater well appropriations.
Yes  No 
SECTION 9 AFFIDAVIT & CERTIFICATION.
All undivided interest owners must sign as applicants.
Read carefully before you sign and review with legal counsel if you have any questions.
I affirm the information provided for this application is to the best of my knowledge true and correct. I also
affirm I have possessory interest, or the written consent of the person with the possessory interest, in the
property where the water is to be put to beneficial use.
I understand that making a false statement under oath or affirmation in this application and official proceedings
throughout the examination of my application may subject me to prosecution under §45-7-202, MCA, a
misdemeanor punishable by a jail term not to exceed 6 months or a fine not to exceed $500, or both. I have
read this Affidavit and understand the terms and conditions.
Application to Change a Non-Irrigation Water Right
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