reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.104 - APPLICATION CATEGORIES

Current through Register Vol. 13, July 5, 2024
(1) The act creates
				three categories of projects: mineral development impacts, crucial state need,
				and other.
(2) Qualified mineral
				development impacts and crucial state need categories are of equal priority.
				The "other" project category is subordinate in priority to the other two
				categories.
(3) An applicant shall
				clearly designate in the application which one of the following three
				categories it is applying under: mineral development impacts, crucial state
				need, or other.
(4) Based on its
				review and evaluation of applications as set forth in ARM
				36.19.201, the department may
				assign an application to a different category than that which was originally
				filed.
(5) Projects categorized as
				"other" shall only be recommended for funding if they are qualified and only to
				the extent that there are funds remaining after funding recommendations are
				made in the mineral development impacts and crucial state need
				categories.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 90-2-1112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.105 - LONG-TERM PROJECTS OR PROGRAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.106 - SIZE OF AWARD (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.107 - NUMBER OF AWARDS PER JURISDICTION

Current through Register Vol. 13, July 5, 2024
(1)
				There is no limit on the number of awards a particular jurisdiction may
				receive.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.108 - Funding Limits Per Project Type (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.109 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) An applicant shall submit an application
				on forms prescribed in the department's Guidelines and Forms for Preparing
				Grant Applications.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.110 - SUPPLEMENTAL MATERIAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.111 - CHANGES OR ADDITIONS

Current through Register Vol. 13, July 5, 2024
(1) If an applicant
				desires to change or add to an application other than as requested by the
				department after it is formally filed, the applicant shall submit the change or
				addition in writing. The department will consider any substantial change or
				addition to an application to constitute a new application. No substantial
				changes or additions will be accepted after the deadline for submittal set
				forth in ARM
				36.19.112.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.1 - Application Requirements › Rule 36.19.112 - APPLICATION SUBMITTAL DEADLINES

Current through Register Vol. 13, July 5, 2024
(1)
				Applications for reclamation and development program grants must be postmarked
				or hand-delivered to the department prior to May 15 of even-numbered
				years.
(2) The department will
				publicly notice the date on which a grant cycle commences, which will be not
				later than February 15 of even-numbered years.
90-2-1105 MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.2 - Project Review and Assessment › Rule 36.19.201 - APPLICATION EVALUATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall review and evaluate all applications to determine compliance
				with the act and these rules. Eligible and qualified applications shall merit
				further funding consid eration. Applications that do not meet eligibility
				requirements or fail to convincingly demonstrate public benefits, need, and
				technical and financial feasibility will be disqualified and recommended for no
				funding.
(2) Crucial state need
				applications will be further evaluated to determine if the project clearly and
				convincingly documents a set of circumstances or conditions that require action
				to prevent or eliminate severe and unacceptable damage to public RESOURCES or
				to capture extraordinary public benefits that would otherwise be lost. In order
				to assist the department in making this determination, crucial state need
				applicants shall submit with their application an opinion from a knowledgeable
				and authoritative source, preferably a state agency, relative to the following:
(a) the potential threat to public health and
				safety;
(b) the validity of the
				problem or need;
(c) the
				consequence of no action or delayed action;
(d) the severity of the problem or
				need;
(e) the estimated number of
				people affected, directly and indirectly;
(f) the level of support for the
				project;
(g) whether the stated
				objectives will meet the need; and
(h) whether the source supports the
				project.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.2 - Project Review and Assessment › Rule 36.19.202 - PREFERENCES AND RANKING OF QUALIFIED PROJECTS

Current through Register Vol. 13, July 5, 2024
(1)
				After department review and evaluation procedures are completed, qualified
				projects will be ranked according to
				90-2-1112,
				90-2-1113 (1-8), MCA, and these
				rules.
(2) The department will
				utilize a numerical point-scoring system to rank all qualified projects.
				Mineral development impacts and crucial state need project rankings shall be
				separate from ranking of "other" projects.
(3) The results of this scoring will
				determine prioritized recommendations for funding made to the
				governor.
(4) Not all ranked
				projects may be recommended for funding dependent on the availability of
				funds.
(5) The applicant will
				receive written notification of the action taken on the application by the
				department and the legislature.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 90-2-1111,
					 90-2-1112, and
					 90-2-1113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.2 - Project Review and Assessment › Rule 36.19.203 - SOLICITATION OF VIEWS FROM OTHER INTERESTED PARTIES

Current through Register Vol. 13, July 5, 2024
(1) The department shall consult public or
				private agencies or groups knowledgeable about proposed projects or particular
				problems and will consider these viewpoints in its evaluation of
				applications.
(2) The department
				shall provide for outside technical review of applications by other public or
				private agencies or professionals when deemed necessary to ensure adequate
				review.
90-2-1105, MCA; IMP,
					 90-2-1111,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.2 - Project Review and Assessment › Rule 36.19.204 - ENVIRONMENTAL FEASIBILITY AND COMPLIANCE WITH STATUTES AND RULES (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1112,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.3 - Conditions and Monitoring of Grants › Rule 36.19.301 - CONDITIONS OF GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105 and
					 90-2-1114,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.3 - Conditions and Monitoring of Grants › Rule 36.19.302 - GRANT CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) If an
				applicant's proposal is approved for funding by the legislature, the department
				will enter into a contractual grant agreement with the applicant under such
				terms and conditions as the department considers necessary to fulfill
				legislative directive and the purpose of the project as evidenced in the
				application submitted to the department or from the proposal to the
				legislature.
90-2-1105, MCA; IMP,
					 90-2-1111,
					 90-2-1112,
					 90-2-1114,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.3 - Conditions and Monitoring of Grants › Rule 36.19.303 - PAYMENT OF GRANTS

Current through Register Vol. 13, July 5, 2024
(1) All grant
				payments to the grantee are subject to the availability of funds.
(2) The department will reimburse the grantee
				only for necessary expenditures incurred in compliance with the grant
				contract.
(3) Expenses incurred by
				the grantee before the effective date of the contract will not be reimbursed by
				the department.
(4) Any balance of
				a grant that remains unused at the conclusion of the grant contract period
				shall revert to the reclamation and development grants special revenue
				account.
90-2-1105, MCA; IMP,
					 90-2-1104,
					 90-2-1114,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.3 - Conditions and Monitoring of Grants › Rule 36.19.304 - REPORTS AND ACCOUNTING

Current through Register Vol. 13, July 5, 2024
(1) Each grant
				recipient shall submit periodic progress reports as specified in the grant
				contract and shall submit a final report to the department as specified in the
				grant contract.
(2) The department
				shall make a biennial accounting to the legislature concerning the status of
				previously funded projects.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 90-2-1111,
					 90-2-1114,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.3 - Conditions and Monitoring of Grants › Rule 36.19.305 - PROJECT MONITORING AND ACCESS FOR INSPECTION AND MONITORING (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105,
					 90-2-1111, and
					 90-2-1114,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.19 - RECLAMATION AND DEVELOPMENT GRANTS PROGRAM WATER DEVELOPMENT BUREAU › Subchapter 36.19.3 - Conditions and Monitoring of Grants › Rule 36.19.306 - APPLICATIONS AND RESULTS PUBLIC

Current through Register Vol. 13, July 5, 2024
(1)
				Applications submitted to the department under the act and these rules are
				subject to public review, and the applicant waives any claim of confidentiality
				by filing an application with the department. This waiver requirement may be
				exempted on good cause shown by the applicant.
(2) The results of all projects that are
				funded shall be made available to the public.
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.1 - General Provisions › Rule 36.20.101 - LICENSE AND PERMIT EXEMPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-3-202, MCA; IMP,
					 85-3-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.1 - General Provisions › Rule 36.20.101A - WEATHER MODIFICATION - LICENSES AND PERMITS REQUIRED (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-3-102, MCA; IMP,
					 85-3-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.1 - General Provisions › Rule 36.20.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions found at
				  85-3-101, MCA, and unless the
				  context requires otherwise, in these rules:
(1) "Act" means Title 85, chapter 3, parts
				1-3, MCA.
(2) "Applicant" means any
				person, political subdivision, public or private corporation, partnership, or
				other entity that wishes to obtain a weather modification license or permit, or
				a license or permit exemption.
(3)
				"License" means an authorization to supervise the conduct of an
				operation.
(4) "Operational area"
				means a geographical area in which an operation will be conducted and any
				meteorological effects of an operation may reasonably be anticipated.
(5) "Permit" means an authorization to engage
				in a specific operation.
(6)
				"Seeding" means the intentional introduction of artificial agents into the
				atmosphere for the purpose of changing or controlling or attempting to change
				or control the natural development of cloud forms or precipitation forms that
				occur in the troposphere.
(7)
				"Target area" means a geographical area within which the intended effects of an
				operation are desired.
85-3-102, MCA; IMP,
					 85-3-102,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.1 - General Provisions › Rule 36.20.103 - LICENSES AND PERMITS - FORMS

Current through Register Vol. 13, July 5, 2024
(1) The
				necessary forms for the administration of these rules are available from the
				Water RESOURCES DIVISION of the department, 48 Last Chance Gulch, Helena,
				Montana 59620-1601. The following forms shall be used in the administration of
				these rules:
(a) Form No. 669-N-278,
				Application for Exemption from License or Permit Requirements;
(b) Form No. 670-N-278, Application for
				Weather Modification License;
(c)
				Form No. 671-N-278, Application to Renew License;
(d) Form No. 672-N-278, Application for
				Weather Modification Permit;
(e)
				Form No. 673-N-278, Notice of Intention to Modify Weather;
(f) Form No. 674-N-278, Weather Modification
				Operations Report; and
(g) Form No.
				675-N-278, Completion Report on Weather Modification Operation.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.1 - General Provisions › Rule 36.20.104 - LICENSES AND PERMITS - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				following activities are exempt from the license and permit requirements of the
				act and these rules:
(a) state and federal
				agencies, colleges, and bona fide non-profit research organizations;
(b) laboratory research and
				experiments;
(c) activities for
				protection against an imminent threat to life or property caused by fire,
				frost, sleet, or fog; and
(d)
				activities normally engaged in for purposes other than those of inducing,
				decreasing, or preventing precipitation or hail.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.1 - General Provisions › Rule 36.20.108 - FUNDING LIMITS PER PROJECT TYPE (REPEALED)

Current through Register Vol. 13, July 5, 2024
90-2-1105, MCA; IMP,
					 90-2-1105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.2 - Licensing Procedures and Requirements › Rule 36.20.201 - LICENSE APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) A license
				application shall include the following:
(a) a
				properly completed Form 670-N-278 including:
(i) a description of the education and
				experience of the person who will be responsible for the conduct of any
				operations of the applicant;
(ii) a
				statement indicating if a weather modification license or a permit application,
				or a license or permit issued to the applicant by any jurisdiction has been
				denied or revoked, or if the renewal of any license or permit has been refused.
				The circumstances for any denial, revocation, or refusal must be described in
				detail;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.2 - Licensing Procedures and Requirements › Rule 36.20.202 - LICENSE APPROVAL CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The
				department must issue a license to applicants who demonstrate competence in the
				field of weather modification and meteorology.
(2) Competence in the field of weather
				modification and meteorology can be demonstrated by a minimum of one full year
				of experience in a responsible position involving the management and control of
				a weather modification operation(s) and one of the following:
(a) certification as a weather modification
				operator or manager by a nationally recognized professional society, agency, or
				organization; or
(b) four
				additional years experience in the conduct of weather modification operations;
				or
(c) a baccalaureate or graduate
				degree in engineering or a physical sciences field, plus two additional years
				experience in the conduct of weather modification operations; or
(d) a baccalaureate or graduate degree in
				engineering or a physical sciences field which includes the equivalent of at
				least twenty-five quarter credit hours of college course work in meteorology;
				or
(e) a baccalaureate or graduate
				degree in meteorology; or
(f) an
				equivalent combination of education and experience as determined by the
				department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.2 - Licensing Procedures and Requirements › Rule 36.20.203 - LICENSE TERM AND RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) A licensee may
				apply to have its license renewed by submitting to the department a properly
				completed Form 671-N-278 and payment of the $100 license fee. An application
				for license renewal should be submitted to the department at least two months
				before the license expiration date.
85-3-203, MCA; IMP,
					 85-3-204,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.2 - Licensing Procedures and Requirements › Rule 36.20.204 - LICENSE AND PERMIT TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The
				department may conduct a hearing to modify, suspend, or revoke a license or
				permit, at any time, or may refuse to renew any license or permit, except the
				licensee or permittee shall be notified of the hearing by certified mail at
				least two weeks in advance of the hearing date.
85-3-203, MCA; IMP,
					 85-3-214,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.301 - PERMIT APPLICATIONS - GENERAL

Current through Register Vol. 13, July 5, 2024
(1) A
				permit application shall include the following information:
(a) a properly completed Form 672-N-278,
				including:
(i) a statement with detailed
				explanation indicating what if any weather modification permits or similar
				authorizations issued to the applicant by any jurisdiction have been revoked or
				suspended; and
(ii) informational
				material used by the applicant to promote its capabilities and activities in
				the field of weather modification as they relate to the proposed
				operation;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.302 - PERMIT APPLICATIONS - NOTICE OF INTENTION

Current through Register Vol. 13, July 5, 2024
(1) A permit applicant shall file Form
				673-N-278, Notice of Intention to Modify Weather with the department. A
				completed Form 673-N-278 shall contain the following information:
(a) the name, address, and telephone number
				of the permit applicant;
(b) the
				sponsor, objective, and a highlighted description of the intended
				operation;
(c) a general
				description of the target area and operational area;
(d) the starting date and expected duration
				of the intended operation;
(e) the
				seeding agent(s) and rate(s) of use;
(f) the method(s) of delivering the seeding
				agent(s), and the intended location of ground-based seeding equipment or
				airborne seeding activity; and
(g)
				any suspension criteria proposed by the applicant and included in the detailed
				operation plan required by ARM
				36.20.304.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.303 - PERMIT APPLICATIONS - PROOF OF FINANCIAL RESPONSIBILITY

Current through Register Vol. 13, July 5, 2024
(1) Proof of financial responsibility shall
				be made by the applicant by showing to the satisfaction of the department that
				the applicant has the ability to respond in damages for liability which might
				result as a consequence of the intended operation. Such damages include, but
				are not limited to, losses from flood, lightning-induced fire, hail, or
				erosion, including those losses that develop after the operation is concluded.
				Such proof may be shown by:
(a) presenting to
				the department a prepaid insurance policy or a corporate surety bond, or proof
				of purchase thereof, in the amount of $10,000,000 and issued by a company
				against whom service of legal process may be made in Montana for liabilities
				resulting as a consequence of weather modification operations. This amount may
				be increased or decreased at the discretion of the department if greater or
				lesser liability could reasonably be attached to or result from the operation;
				or
(b) depositing cash or
				negotiable securities with the department in the amount of $10,000,000. This
				amount may be increased or decreased at the discretion of the department if
				greater or lesser liability could reasonably be attached to or result from the
				operation; or
(c) any other
				reasonable manner approved by the department.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.304 - PERMIT APPLICATIONS - OPERATING PLANS

Current through Register Vol. 13, July 5, 2024
(1) A completed Form 672-N-278 will include
				the following information:
(a) a general
				description of the nature and purpose of the operation;
(b) a discussion of the technical and
				scientific basis for the operation, including a reasonable and generally
				accepted physical hypothesis underlying the specific seeding methodology to be
				used;
(c) a map of the target area
				and the operational area. The map shall specify in detail the intended location
				of groundbased seeding equipment, airborne seeding activity, and major
				monitoring devices for the operation;
(d) the location of the site from which
				management decisions for the operation would be made;
(e) a description of the target area and
				operational area boundaries and how they were determined;
(f) seeding agent(s), rate(s) of use, and
				method(s) of delivery;
(g) intended
				starting date and expected duration of the operation;
(h) a description of the meteorological data
				used to design the proposed operation, especially the period of record for
				which the data were collected, the location of data collection sites, and the
				frequency with which such data were collected;
(i) the frequency and means by which
				meteorological and related information needed to conduct and monitor the
				operation will be collected;
(j) a
				list of major equipment to be used in the operation, including, but not limited
				to, seeding equipment, weather forecasting instruments, seeding and cloud
				physics aircraft, radar systems, and radio communications equipment;
(k) the name and qualifications of the
				individuals who would be responsible for the day-to-day decisions needed to
				conduct the proposed operation;
(l)
				a listing of all key personnel necessary to conduct the operation;
(m) a description of the meteorological
				conditions or other criteria that would be used to determine when seeding
				operations would commence and be suspended;
(n) a description of the potential impacts of
				the intended operation upon other weather modification operations that may be
				in the vicinity or downwind of the proposed target area;
(o) a general assessment of potential
				environmental effects, both positive and negative, that could result from the
				operation, including, but not limited to, impacts on fish and wildlife,
				precipitation patterns, surface and ground water hydrology, and regional social
				and economic conditions;
(p) a plan
				to generally assess the meteorological effects of the operation through the use
				of reasonably available information;
(q) the estimated cost of the operation for
				which the permit is being requested; and
(r) proof of financial
				responsibility.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.305 - PERMIT APPLICATIONS - HEARINGS

Current through Register Vol. 13, July 5, 2024
(1)
				Permit applicants shall be notified of any hearing at least two weeks prior to
				the hearing date.
(2) The date,
				time, and place of the hearing will be included in the notice of intention
				required by ARM
				36.20.302, as well as in any
				general news release the department may issue regarding the proposed
				operation.
85-3-206, MCA; IMP,
					 85-3-206(2),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.306 - PROCESSING APPLICATIONS - DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The department will, upon request, assist
				a permit applicant by responding to questions regarding the interpretation and
				requirements of these rules. The department may review draft applications prior
				to final submittal.
(2) Upon
				receipt of a final application, the department shall:
(a) review the application and prepare a
				report and environmental impact statement pursuant to Title 75, chapter 1, part
				2, MCA;
(b) perform other analyses
				as necessary to evaluate an application and the information provided
				therein;
(c) publish the notice of
				intention;
(d) hold required
				hearings or meetings.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.307 - ACTION ON PERMIT APPLICATIONS - DEPARTMENT DECISION CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The department may issue a permit if the
				statutory requirements are met subject to terms, conditions, restrictions, and
				limitations it considers necessary to assure that the operation would be for
				the general welfare and public good.
85-3-206, MCA; IMP,
					 85-3-202,
					 85-3-206, and
					 85-3-212,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.3 - Permitting Procedures and Requirements › Rule 36.20.308 - PERMIT SUSPENSION AND REVOCATION

Current through Register Vol. 13, July 5, 2024
(1)
				If, for the protection of the health or the property of any person, it is
				necessary to suspend a permit the department director, or the director's
				designee, may authorize an immediate permit suspension by telephone. A hearing
				to determine if the suspension should be lifted or the permit modified or
				revoked must be held within two weeks of the effective date of the suspension.
				The department may appoint a hearings officer to conduct hearings in which
				testimony is received on the suspension or revocation of a weather modification
				permit. Upon reviewing the report of the hearings officer, the department shall
				meet to make a decision as soon as possible.
85-3-206, MCA; IMP,
					 85-3-214,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.20 - WEATHER MODIFICATION WATER RESOURCES DIVISION › Subchapter 36.20.4 - Record-Keeping and Reporting Requirements › Rule 36.20.401 - RECORDS AND REPORTING

Current through Register Vol. 13, July 5, 2024
(1) Every licensee
				shall keep and maintain a daily record of all operations conducted under each
				permit, showing:
(a) the method(s) employed in
				delivering the seeding agent;
(b)
				type of seeding equipment used;
(c)
				kinds and amounts of seeding agents used;
(d) times and places of seeding
				activities;
(e) names and addresses
				of individuals participating or assisting in the operation; and
(f) such information as may be required to
				monitor compliance with any condition of a permit.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.1 - Organizational Rule › Rule 36.21.101 - BOARD ORGANIZATION

Current through Register Vol. 13, July 5, 2024
(1) The board of
				water well contractors hereby adopts and incorporates the organizational rules
				of the department of natural resources and conservation as listed in Chapter 1
				of this title.
Sec.
					 37-43-202, MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.2 - Procedural Rules › Rule 36.21.201 - PROCEDURAL RULES

Current through Register Vol. 13, July 5, 2024
(1) The board of
				water well CONTRACTORS hereby adopts and incorporates the procedural rules of
				the department of natural RESOURCES AND CONSERVATION as listed in Chapter 2 of
				this title.
Sec.
					 37-43-202, MCA; IMP, Sec.
					 2-4-201,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.2 - Procedural Rules › Rule 36.21.202 - PUBLIC PARTICIPATION RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				board of water well CONTRACTORS hereby adopts and incorporates by this
				reference the public participation rules of the department of natural RESOURCES
				AND CONSERVATION as listed in Chapter 2 of this title.
Sec.
					 37-43-202, MCA; IMP, Sec.
					 2-3-103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.401 - BOARD MEETINGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-43-202, MCA; IMP,
					 37-43-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.401A - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-43-202, MCA; IMP,
					 37-43-305,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.402 - LICENSURE RESTRICTED TO NATURAL PERSONS NONTRANSFERABLE

Current through Register Vol. 13, July 5, 2024
(1) For purposes of implementing section
				37-43-303, MCA, the word "person"
				shall be defined to mean an individual human being. Water well contractor's or
				driller's licenses shall only be issued to or renewed for a person (as above
				defined) upon that person's meeting the appropriate requirements for licensure.
				The license shall show the information required by ARM
				36.21.405 and
				36.21.406.
(2) Before any person (as above defined)
				shall be issued a water well contractor's or driller's license or shall be in
				the lawful possession and use of such license, he shall first have met the
				requirements for licensure as established by sections
				37-43-303 and
				37-43-305, MCA. No person shall be
				licensed to engage in the business of a water well contractor or driller by
				inheritance, purchase, transfer, or by any means other than direct licensure
				from the board in the manner stated above.
37-43-202, MCA; IMP,
					 37-43-303,
					 37-43-304,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.403 - REQUIREMENTS FOR WATER WELL CONTRACTORS

Current through Register Vol. 13, July 5, 2024
(1)
				Each rig shall have a sign showing the company or contractor name and license
				number in letters three inches high.
(2) Each firm must have a licensed and bonded
				water well contractor who is financially responsible for that firm and in
				charge of drilling operations.
37-43-202, MCA; IMP,
					 37-43-302,
					 37-43-305,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.404 - COMPLETION OF CONTRACTS BY SUCCESSOR IN INTEREST OF LICENSED CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) Section
				37-43-402, MCA, which allows for
				the transfer of an existing drilling contract to a successor in interest, who
				need not be licensed if under the supervision of a licensed contractor, shall
				be construed to allow the successor only to complete contracts existing at the
				time of transfer. At such time as the successor transferee in interest shall
				enter into new contracts, he shall secure proper licensure before commencing
				drilling operations.
37-43-202, MCA; IMP,
					 37-43-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.405 - CONTENTS OF CONTRACTOR'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Each
				water well contractor's license shall show on its face the name of the
				contractor, his firm name, if any, address, the license number, and the date
				issued.
(2) Firm name and address
				changes shall be submitted to the board office within ten days after the change
				occurs.
(3) Changes in name and
				address must be accompanied by the fee set out in the fee schedule.
37-43-202, MCA; IMP,
					 37-43-202(6) and
					 (9),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.406 - CONTENTS OF DRILLER'S LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Each
				driller's license will be issued showing the driller's name, the contractor's
				individual name and firm name, if any, the driller license number, and the date
				issued.
(2) When a change in
				contractor occurs, in addition to the requirements of ARM
				36.21.407, a new license will be
				issued to the driller containing the same information as listed above. A fee
				will be charged for the new license.
37-43-202, MCA; IMP,
					 37-43-202(6) and
					 (9),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.407 - CHANGE OF RESPONSIBLE CONTRACTOR

Current through Register Vol. 13, July 5, 2024
(1) In
				the event a driller leaves a firm, the responsible contractor shall notify the
				board office in writing within five days. His responsibility for the driller
				continues until such notification is received.
(2) The driller shall notify the board office
				in writing of change in responsible contractor within five days of new
				employment.
(3) A water well
				contractor shall notify the board office in writing within ten days of new
				hirings of any driller or apprentice.
37-43-202, MCA; IMP,
					 37-43-202(6) and
					 (9),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.408 - DRILLER COMPLETION OF EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1)
				A driller who is not licensed in Montana must successfully complete the
				examination prior to performing drilling work, unless he is listed as an
				apprentice for a licensed water well contractor firm.
37-43-202, MCA; IMP,
					 37-43-202,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.409 - SUPERVISION

Current through Register Vol. 13, July 5, 2024
(1) "Personal supervision" is defined to mean
				that a licensed water well contractor or driller shall be present at the job
				site when the drilling rig is in operation.
37-43-202, MCA; IMP,
					 37-43-103,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.410 - EXAMINATION

Current through Register Vol. 13, July 5, 2024
(1) The examination is given by appointment
				in the board office in Helena, Montana, on any work day, Monday through Friday.
				The examination must be started prior to 2:00 p.m.
(2) Examinations may also be given at the
				Department of Natural Resources and Conservation Water Resources Regional
				offices in Billings, Bozeman, Glasgow, Kalispell, Lewistown, Havre, and
				Missoula. Applications must be approved by the board office prior to setting
				for the exam at a regional office.
(3) The examination fees may be found at ARM
				36.21.415.
(4) Examinations given in regional offices
				shall be written.
(5) A grade of 80
				percent is necessary to pass the examination. Grading will be completed by the
				board or its designee.
(6) Oral
				examinations may be given in the Helena board office with specific board
				approval on a case - by-case basis.
(7) Applicants for licensure by reciprocity
				will be required to pass the examination with a score of 80 percent.
(8) Applicants may not use notes or reference
				materials for the exam.
(9) Any
				applicant who is determined by the board to be cheating on an examination or
				using inappropriate material during an examination will fail and be required to
				wait at least one year before reapplying for a license.
(10) An applicant shall have one year from
				the date of board approval to take the examination for which the application
				was approved. If the examination is not taken within that one-year period, the
				applicant will be required to submit a new application with written
				verification, and pay the applicable fees.
(11) An applicant who fails to take an
				examination within 18 months from the date of the last examination that was
				failed will be required to submit a new application, provide written
				verification, and pay the applicable fees.
37-43-202, MCA; IMP,
					 37-43-305,
					 37-43-308,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.411 - BOND REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) In addition to
				the bond requirements of section
				37-43-306, MCA, each water well
				contractor's bond shall, contain on the face of the bond, the individual
				contractor's name, as well as the company name and mailing address. A bond is
				not required for a driller's license.
37-43-202, MCA; IMP,
					 37-43-306,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.412 - APPRENTICES

Current through Register Vol. 13, July 5, 2024
(1) An apprentice is a person who performs
				labor or services for a licensed water well contractor and whose duties are
				directly related to the drilling of a water well or operation of the drill
				rig.
(2) A contractor shall list
				with the board office the names of all apprentices employed on a permanent or
				reasonably continuous basis, except that a contractor need not list persons
				employed whose duties are not directly related to the drilling of a water
				well.
(3) Apprentices while
				employed shall be under the personal supervision, as defined in ARM
				36.21.409 of this chapter, of a
				licensed water well contractor or driller.
(4) One year's apprenticeship as required by
				section 37-43-305(1) (h),
				MCA, shall consist of 12 months of full-time employment in drilling water wells
				under the direct supervision of a licensed water well contractor, which
				experience shall have occurred during the three years immediately preceding the
				date of application, or suitable vocational training approved by the
				board.
(5) The board may, upon
				application and request, approve equivalent experience under a nonlicensed
				water well contractor or driller, if the experience was in a state other than
				Montana and if the board is satisfied that the experience was the equivalent of
				working under a licensed water well contractor in Montana. The board may
				approve other experience as equivalent as it finds appropriate.
(6) It is necessary to provide documentation
				of actual experience in water well construction during the past three years.
				This should include the number of wells constructed, the approximate dates, and
				any other information that would be helpful in evaluating experience.
(7) A statement from the licensing agency for
				water well contractors in another state relative to the experience is also
				required.
37-43-202, MCA; IMP,
					 37-43-305(1) (h),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.413 - RENEWALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 37-43-202, MCA
					 IMP:
					 37-43-307,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.413A - REQUIRED TRAINING

Current through Register Vol. 13, July 5, 2024
(1) Licensees shall
				obtain a minimum of four hours of board approved training prior to license
				renewal each July.
(2) The training
				may include, but is not limited to:
(a)
				National Water Well Association;
(b) Montana Water Well Drillers
				Association;
(c) board sponsored
				workshops; or
(d) other board
				approved training, relating to the specific area of licensure.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.414 - SUSPENSION AND REVOCATION IN CASES OF NONRENEWAL

Current through Register Vol. 13, July 5, 2024
(1) Suspension and revocation as defined in
				37-43-307, MCA and relative to the
				nonrenewing on time, is automatic and the rules on hearings and proceedings do
				not apply.
37-43-202, MCA; IMP,
					 37-43-307,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.4 - Substantive Rules › Rule 36.21.415 - FEE SCHEDULE

Current through Register Vol. 13, July 5, 2024
(1) Application and
				examination
(a) Contractors $ 575
(b) Drillers $ 475
(c) Monitoring well constructor $
				575
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.5 - Disciplinary Actions › Rule 36.21.501 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-43-202, MCA; IMP,
					 37-43-311,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.5 - Disciplinary Actions › Rule 36.21.502 - VIOLATION AND COMPLAINT PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-43-202, MCA; IMP,
					 37-43-203 and
					 37-43-311,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.21 - BOARD OF WATER WELL CONTRACTORS › Subchapter 36.21.5 - Disciplinary Actions › Rule 36.21.503 - HEARING PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
37-43-202, MCA; IMP,
					 37-43-203 and
					 37-43-311,
					 MCA;