Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires and clearly states otherwise, in
				  these rules:
(1) "Appropriation
				facility" means a system including structures used to divert, impound, or
				withdraw water from a watercourse and convey water for a beneficial
				use.
(2) "Board" means the board of
				natural RESOURCES AND CONSERVATION provided for in Title 2, chapter 15, part
				33.
(3) "Chronically dewatered
				watercourse" means a watercourse or portion of a watercourse identified by the
				department pursuant to section
				85-2-150, MCA.
(4) "Department" means the department of
				natural RESOURCES AND CONSERVATION provided for in Title 2, chapter 15, part
				33.
(5) "Director" means the
				director of the department or his/her designee.
(6) "Natural overflow" means the water which
				results in the flooding of lands adjoining streams during high flow with no
				man-made diversion involved.
(7)
				"Operator" means the owner or any other person having a right, title, or other
				interest in an appropriation facility or is responsible for the management of
				the appropriation facility.
(8)
				"Owner" means the individual, association, partnership, corporation, state
				agency, political subdivision, the United States or any agency thereof, or any
				other entity having a water right or interest in an appropriation
				facility.
(9) "Suitable controlling
				device" means a headgate or other adjustable structure to regulate the amount
				of water diverted from a watercourse. The suitable controlling device must be
				capable of being closed completely and to adequately vary the amount of water
				diverted into a ditch, canal, pipeline or other conveyance system.
(10) "Suitable measuring device" means a
				structure, gauging station or meter that determines the amount of water being
				diverted into an appropriation facility. The suitable measuring device may be
				integrated and be a part of a suitable controlling device or it may be
				separate. Plans and/or specifications of measuring devices must be approved by
				the department prior to installation. The suitable measuring device must be
				capable of measuring one hundred twenty five per cent (125%) of the flow rate
				of the appropriative or reserved water right. The measuring device must be
				located as close as is reasonably possible to the point of diversion from the
				watercourse.
(11) "Water
				measurement program" means the program established by the 1991 legislature
				through HB 908 and codified in
				85-2-113(4),
				85-2-150, and
				85-1-602, MCA. The purpose of the
				program is to more closely manage water uses from chronically dewatered
				watercourses.
(12) "Watercourse"
				means any naturally occurring stream or river from which water is diverted for
				beneficial uses. It does not include ditches, culverts, or other manmade
				waterways.
(13) "Water spreading"
				means surface flood irrigation involving the diversion of occasional (flood or
				runoff) surface water from natural, usually nonperennial, watercourses by means
				of dams, dikes, or ditches, or a combination of these. It differs from
				conventional irrigation because it is totally dependent on and regulated by the
				availability of water, not crop needs.
Sec.
					 85-2-113, MCA; IMP, Sec.
					 85-2-113,
					 MCA;