Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.10 - Petitions for Rule Closure in Highly Appropriated Basins › Rule 36.12.1019 - TRUMAN CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The Truman
				Creek Basin means the Truman Creek drainage area, a tributary of Ashley Creek
				in hydrologic basin 76LJ, in Flathead County, Montana. The Truman Creek Basin
				designated as the closure area is all that drainage and headwaters originating
				in the Salish Mountains, Township 26 North, Range 21 and 22 West, MPM, and
				flowing northwesterly to its confluence with Ashley Creek at a point in Section
				18, Township 27 North, Range 22 West, MPM, Flathead County, Montana. The entire
				Truman Creek drainage, from its headwaters to its confluence with Ashley Creek,
				including Bales Creek, Emmons Creek, Wild Bill Creek, and all unnamed
				tributaries, is contained in the enclosure area as outlined on file map page
				6.
(2) The department shall reject
				all surface water applications to appropriate water within the Truman Creek
				Basin for any diversions, including infiltration galleries, for any consumptive
				uses of water during the period from July 15 through August 31.
(3) Applications for nonconsumptive uses
				during the closure period shall be received and processed. Any permit if issued
				shall be modified or conditioned to provide that there will be no decrease in
				the source of supply, no disruption in the stream conditions, and no adverse
				effect to prior appropriators within the reach of stream between the point of
				diversion and the point of return. The applicant for a nonconsumptive use shall
				provide sufficient factual information upon which the department can determine
				the applicant's ability to meet the conditions imposed by this rule.
(4) Applications for groundwater shall be
				accepted, however the applicant shall provide sufficient factual information
				upon which the department can determine whether or not the source of the
				groundwater is part of or substantially or directly connected to surface water.
				If it is found that the proposed diversion of groundwater would cause a
				calculable reduction in the surface water flow during the closure period the
				application shall be rejected. A calculable reduction means a theoretical
				reduction based on credible information as opposed to a measured reduction. If
				the applicant fails to submit sufficient factual information as required, the
				application shall be considered defective and shall be processed pursuant to
				85-2-302, MCA.
(5) Any application which would utilize a
				storage facility to impound water only outside the period from July 15 through
				August 31 and from which water could subsequently be used during any portion of
				the year, is exempt from these rules. Permit applications for storage, except
				applications for provisional permits for completed stockwater pits or
				reservoirs, form no. 605, will be received and processed. All form no. 605
				permit applications will be rejected.
(6) Temporary emergency appropriations of
				water as defined in ARM
				36.12.101 and
				36.12.105 shall be exempt from
				this rule.
(7) This rule applies
				only to applications received by the department after the date of adoption of
				this rule.
(8) The department may,
				if it determines changed circumstances justify it, reopen the basin to
				additional appropriations and amend this rule accordingly after public notice
				and hearing.
Sec.
					 85-2-112, MCA; IMP, Sec.
					 85--2-319, MCA;