85-2-806. Combined proceeding. The department, upon petition by the applicant, may consider and act upon any application for diversion of water from the basin filed pursuant to the provisions of this part in conjunction with proceedings involving the siting of a facility or associated facilities conducted under the provisions of Title 75, chapter 20, part 4, as amended, or in conjunction with any departmental proceeding involving the issuance of a permit or approval of a change conducted under Title 85, chapter 2, if in the opinion of the department consideration of both applications in the same proceeding will better enable the department to fulfill its functions, duties, and responsibilities under the provisions of Title 75, chapter 20, part 4, or Title 85, chapter 2, and this part. The department's consent to the diversion of Montana water out of the basin for ultimate use in a facility as defined in Title 75, chapter 20, must be contingent upon the department's issuance of a certificate for the facility in accordance with Title 75, chapter 20. The department's consent terminates 10 years after the date of issuance of the consent unless the department issues the certificate for the facility in accordance with Title 75, chapter 20, and approval of North Dakota and Wyoming is secured in accordance with Article X of the compact or unless consent is extended by the department.
History: En. Sec. 6, Ch. 581, L. 1981; amd. Sec. 467, Ch. 418, L. 1995.
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