Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1209 - PERMIT CONDITIONS

Current through Register Vol. 13, July 5, 2024
(1) All permits
				issued by the department must contain at a minimum the following specific
				conditions:
(a) U.S. National Park
				Service-Montana Compact requires this right be issued in accordance with the
				Yellowstone controlled ground water area provisions of the January 31, 1994,
				U.S. National Park Service-Montana Compact. The department may modify or revoke
				this permit if the provisions of the Compact are not met; the character of the
				ground water produced changes such that a restriction applies pursuant to
				Article IV; or new restrictions are imposed as a result of Article IV, section
				J. Further modification may occur to limit the total withdrawal by day, month
				or year; to require a system of rotation of use within the controlled area; or
				adjust the total withdrawal from two or more wells in the area used by the same
				appropriator. The appropriator shall allow access to the well by the Montana
				bureau of mines and geology for water sampling as provided by the Compact.
				Further, this right is subject to the condition that the appropriator install
				an adequate metering device to allow the volume of water diverted to be
				recorded. The type and location of the meter must be determined by the
				department. The appropriator shall keep a written record of the volume of all
				waters diverted including the period of time, and shall submit said records by
				January 15 of each year and upon request to the Montana Bureau of Mines and
				Geology, Montana Tech, 1300 W. Park St., Butte, MT 59701-8997.
(b) The deadline to complete this permit and
				file a Project Completion Notice for Permitted Water Development (Form No. 617)
				is December 31, (specify year).
(i) For type
				"A" permit applications, the project completion notice must be filed 60 days
				after completion of the appropriation. If you cannot meet the deadline above,
				the permittee shall contact the Bozeman water RESOURCES regional office for a
				new deadline.
(ii) For type "B"
				permit applications, if you cannot meet the deadline, the permittee shall file
				a Form No. 607, Application for Extension of Time, at least 30 days before the
				above deadline, otherwise the permit is void.
(c) This permit is subject to all prior
				existing water rights in the source of supply. Further, this permit is subject
				to any final determination of existing water rights, as provided by Montana
				law.
(d) Pursuant to
				85-2-505, MCA, to prevent ground
				water contamination, an operational back flow preventor must be installed and
				maintained by the appropriator if a chemical or fertilizer distribution system
				is connected to the well.
(e) This
				right is subject to
				85-2-505, MCA, requiring a well to
				be constructed so it will not allow water to be wasted or contaminate other
				water supplies or sources, and a flowing well must be capped or equipped so the
				flow of the water may be stopped when not being put to beneficial use. The
				final completion of the well(s) must include an access port of at least.50 inch
				so the static level of the well may be accurately measured.
(f) This permit is subject to the authority
				of the department to revoke the permit in accordance with
				85-2-314, MCA, and to enter onto
				the premises for investigative purposes in accordance with
				85-2-115, MCA. Further, the United
				States may accompany the department for the purposes of confirming well log
				information pursuant to Article IV, section G.2.b.v. of the Compact.
(g) Upon a change in ownership of all or any
				portion of this permit, the parties to the transfer shall file with the
				department a Water Right Ownership Update, Form No. 608, pursuant to
				85-2-424, MCA.