An original hearing, pursuant to Mont. Code Ann. 85-2309, in Bozeman was completed on May 15, 2008, and a transcribed record from that hearing was filed on June 4, 2008. On June 30, 2008, the hearing officer denied a proposed administrative permit. The applicant submitted an appeal pursuant to Mont. Code Ann. 5-19-103(6) to this final order, and on August 18, 2008, we granted the appeal and ordered further hearings to be held in Bozeman, and the applicant will be afforded due process and a speedy hearing. This is a decision affirming the earlier decision dismissing the applications. In a supplemental memorandum of law and fact, we denied the appeal of the proposed administrative permit as to both applicants. We also denied the final administrative permit by an order in which we did not address the merits of the applicants' claims. The order, to be codified at 5-19-103(6), is hereby revoked. Therefore, on or before March 3, 2009, as requested by the applicants at a hearing in Bozeman, a determination shall be made regarding the issuance of a beneficial use permit to the applicant, pursuant to Montana's Water Use Act, on behalf of the State of Montana pursuant to this order. Accordingly, the parties have been provided additional time to develop any action which could be required to be taken by the State, including but not limited to application for any necessary permits or other legal proceedings. No later than March 9, 2009, I hereby certify to the Legislature that, based upon an analysis of the proposed Water Use Permit No. 41H 30023458, I find that the water quality requirements to be established have not been met, and it is in the interests of the State of Montana to deny the permit issued to the applicant for the development of the proposed water-storage operation (the “application”). This order shall remain in effect until such further time as it is changed to the extent that it is materially inconsistent with the following, and may be altered upon further proof of any error. I have reviewed several documents submitted by all parties.
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BEFORE THE DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION OF THE STATE OF MONTANA ********* IN THE MATTER OF APPLICATION FOR BENEFICIAL WATER USE PERMIT NO. 41H 30023457 BY UTILITY SOLUTIONS, LLC)))
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