reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.447 - CATEGORICAL EXCLUSIONS

Current through Register Vol. 13, July 5, 2024
(1) Forest
				management activities that are classified as categorical exclusion shall not
				require an environmental assessment or environmental impact statement.
(a) Categorical exclusions include activities
				on state trust lands conducted by others under the authority of the department
				as well as activities conducted by the department itself.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.448 - MANAGEMENT OF THE STATE FOREST LAND MANAGEMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) Beginning in the year 2005 and every five
				years thereafter, the forest management bureau chief shall make a written
				report to the director of the department and the trust land management DIVISION
				administrator on the current status of state forest land management plan
				implementation and effectiveness, including a recommendation on the need for
				significant changes to the plan.
(2) Upon review, the department shall
				consider changing the plan for one or more of the following reasons:
(a) new legislation is adopted that is not
				compatible with the selected alternative;
(b) the state board of land commissioners
				provides new direction; or
(c) the
				forest management bureau chief judges that the original assumptions supporting
				the plan no longer apply.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.449 - SITE-SPECIFIC ALTERNATIVE PRACTICES

Current through Register Vol. 13, July 5, 2024
(1) The
				department shall comply with ARM
				36.11.401 through
				36.11.445 when conducting forest
				management activities, unless approval has been obtained from the forest
				management bureau chief for alternative forest management practices.
				Alternative practices may be designed in response to site-specific conditions
				encountered while planning forest management activities.
(2) The forest management bureau chief may
				approve proposed alternative practices only if such practices would be
				otherwise lawful, and it is determined with reasonable certainty that the
				proposed alternative practices would provide adequate levels of resource
				protection.
77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.450 - TIMBER PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall review and issue timber permits within the time frame specified by
				77-5-212(5) and
				(6), MCA.
(2) Under the authority of
				77-5-212,
				MCA, the department may issue commercial timber permits at commercial rates,
				and without advertising, for sales that do not exceed 500,000 board feet of
				timber.
(a) The department shall not be
				required to obtain approval from the Board of Land Commissioners to issue
				specific timber permits.
(b) The
				board shall retain administrative oversight of the timber permit program.
(c) Permits will not be subject to
				categorical exclusions except as stated in ARM
				36.11.447.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.451 - DEFINITIONS. (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-5-201, MCA IMP:
					 77-5-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.452 - TIMBER CONSERVATION LICENSE APPLICATION CONDITIONS AND FORMS. (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-5-201, MCA IMP:
					 77-5-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.453 - TIMBER CONSERVATION LICENSE BIDDING AND BONDING. (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-5-201, MCA IMP:
					 77-5-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.454 - TIMBER CONSERVATION LICENSE CONDITIONS AND RESTRICTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-5-201, MCA IMP:
					 77-5-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.455 - ASSIGNMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-5-201, MCA IMP:
					 77-5-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.456 - TIMBER CONSERVATION LICENSE CONTRACT TERMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 77-5-201, MCA IMP:
					 77-5-208,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.470 - LANDS SUBJECT TO A HABITAT CONSERVATION PLAN

Current through Register Vol. 13, July 5, 2024
(1) For trust land
				parcels subject to a DNRC HCP contractually entered by the department and the
				United States Fish and Wildlife Service (USFWS) pursuant to Section 10 of the
				Endangered Species Act (ESA), the department shall implement the terms of the
				DNRC HCP.
(2) If there are
				conflicts between the conservation strategies in the DNRC HCP and the
				administrative rules for forest management in this subchapter, the department
				shall implement the terms of the DNRC HCP, except for ARM 36.11.432G rizzly
				Bear Management on Blocked Stillwater Unit Lands. ARM
				36.11.432 shall supersede the DNRC
				HCP where it conflicts with the DNRC HCP.
AUTH:
					 77-1-202,
					 77-1-209,
					 77-5-201,
					 77-5-204, MCA; IMP:
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.11 - FOREST MANAGEMENT › Subchapter 36.11.4 - State Forest Land Management › Rule 36.11.471 - CONSERVATION EASEMENTS

Current through Register Vol. 13, July 5, 2024
(1) For trust land
				parcels that have an appurtenant conservation easement that includes
				stipulations for forest management, the department shall implement the terms of
				the conservation easement.
(2) If
				there are conflicts between the stipulations of the conservation easement and
				the administrative rules for forest management in this subchapter, the
				department shall implement the terms of the conservation easement.
77-5-201,
					 77-5-204, MCA; IMP,
					 77-1-202,
					 77-1-203,
					 77-1-301,
					 77-5-103,
					 77-5-116,
					 77-5-204,
					 77-5-206,
					 77-5-207,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to definitions provided for in
				  85-2-102, MCA, and unless the
				  context requires otherwise, to aid in the implementation of the Montana Water
				  Use Act, and as used in these rules:
(1) "Act" means the Montana Water Use Act,
				Title 85, chapter 2, parts, 1 through 4, MCA.
(2) "Amount" refers to both a flow rate in
				gallons per minute (GPM), or cubic feet per second (CFS), and a volume of water
				in acre-feet (AF).
(3) "Animal unit
				(AU)" means a measurement of livestock numbers:
(a) one beef cow = 1 AU
(b) one dairy cow = 1.5 AU
(c) one horse = 1.5 AU
(d) three pigs = 1 AU
(e) five sheep = 1 AU (f) 300 chickens = 1
				AU
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.103 - FORMS AND SPECIAL FEES

Current through Register Vol. 13, July 5, 2024
(1) A filing fee,
				if required, shall be paid at the time the permit, change, notice of
				completion, extension of time request, temporary change renewal, ownership
				update, or petition application (hereafter singularly or collectively referred
				to as application) is filed with the department.
(a) The department will not process any
				application without the proper filing fee.
(b) Failure to submit the proper filing fee
				within 30 days after notice shall result in a determination that the
				application is not correct and complete and it shall be
				terminated.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.104 - ISSUANCE OF INTERIM PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Pending
				final approval or denial of an application for a provisional permit, the
				department may, in its discretion and upon proper application, issue an interim
				permit authorizing an applicant to begin appropriating water immediately.
(a) The department may issue an interim
				permit, unless there is substantial information available to the department
				that the criteria for issuing a provisional permit under
				85-2-311, MCA, cannot be
				met.
(b) An interim permit may be
				issued subject to any terms and conditions the department considers necessary
				to protect the rights of prior appropriators. Violation of a term or condition
				shall automatically void an interim permit.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.105 - TEMPORARY EMERGENCY APPROPRIATIONS

Current through Register Vol. 13, July 5, 2024
(1) A
				temporary emergency appropriation may be made without prior approval from the
				department, but the use must cease immediately when the water is no longer
				required to meet the emergency.
(2)
				A temporary emergency appropriation does not include the use of water for the
				ordinary operation and maintenance of any trade or business.
85-2-113, MCA; IMP,
					 85-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.106 - TESTING AND MONITORING

Current through Register Vol. 13, July 5, 2024
(1) Water testing
				or monitoring is not a beneficial use of water requiring the filing of a permit
				application.
(2) A permit is not
				required if the intent of a person is to conduct aquifer tests, water quality
				tests, water level monitoring or other testing or monitoring of a water
				source.
85-2-113, MCA; IMP,
					 85-2-113,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.107 - FILING FEE REFUNDS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				may be entitled to a refund if the applicant withdraws an application prior to
				a correct and complete application or a deadline set by the
				department.
(2) If it is determined
				that mitigation is required for an Application for Beneficial Water Use Permit
				and the applicant does not have a mitigation plan the applicant may withdraw
				the application prior to the department's issuance of a Preliminary
				Determination Decision.
(a) No refund will be
				authorized.
(b) If the permit
				application is resubmitted with a mitigation plan within two years of the
				withdrawal of the original application, the original application fee amount
				will be applied to the new application fee amount.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.108 - PUBLIC NOTICE COSTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-113,
					 85-2-307,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.109 - A PRESENT VALUE FORMULA FOR DETERMINING A SEVERANCE FEE IN A PETITION TO EXCLUDE A TRACT FROM FUTURE SERVICES, ASSESSMENTS, AND LIABILITIES OF AN IRRIGATION DISTRICT

Current through Register Vol. 13, July 5, 2024
(1) The present
				values used in determining the severance fee pursuant to 85-7-2125, MCA, shall
				be calculated as follows:
(a) The present
				value of debt to be included in the severance fee shall be equal to the
				existing irrigation district debt apportioned to the petitioned
				tract.
(b) Future operation and
				maintenance costs are assumed to be based on the average of the operation and
				maintenance costs for the three most recent years before severance and are
				assumed to change annually over the 20-year period at a rate equal to the
				average annual change in the consumer price index (CPI-U) for the most recent
				ten years before severance.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.110 - LEGAL LAND DESCRIPTION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Primary points
				of diversion must be described as one or more of the following:
(a)
										¼¼¼ section,
				section, township, range and county;
(b) lot, block, subdivision, ¼
				section, section, township, range and county;
(c) government lot, 1/4 section, section,
				township, range, and county;
(d)
				certificate of survey number with a lot number, if present, 1/4 section,
				section, township, range, and county; or
(e) latitude/longitude coordinates and the
				geodetic reference system used to collect the coordinates.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.111 - MAP STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Maps or aerial
				photographs must be included with the application and the following items must
				be clearly identified on the map:
(a) north
				arrow;
(b) scale bar;
(c) section corners and numbers;
(d) township and range numbers;
(e) all proposed points of
				diversion;
(f) all proposed places
				of use;
(g) proposed reservoir
				locations, if applicable;
(h)
				proposed conveyance facilities; and
(i) date the aerial photograph was taken, if
				available.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.112 - PERIOD OF DIVERSION AND PERIOD OF USE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will use the following standards for period of diversion and use based on the
				purpose of beneficial water use:
(a)
domestic
January 1 to December
							 31
(b)
stock
January 1 to December
							 31
(c) irrigation
				based on the climatic area designated by the USDA Natural Resources and
				Conservation Service (NRCS) which is generally as follows:
(i)
climatic area I
March 15 to
							 November 15
(ii)
climatic area II
April 1 to
							 October 31
(iii)
climatic area III
April 15 to
							 October 15
(iv)
climatic area IV
April 20 to
							 October 10
(v)
climatic area V
April 25 to
							 October 5
(vi)
climatic area VI
April 25 to
							 October 5
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.113 - RESERVOIR STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) An application
				involving a new or existing reservoir must identify the capacity of the
				reservoir and the annual volume of net evaporation pursuant to ARM
				36.12.116.
(2) The application must include information
				explaining how the storage reservoir will be managed to satisfy senior water
				rights. Senior water users are not entitled to water that has been legally
				stored.
(3) If applicable,
				preliminary design specifications for a reservoir's primary and emergency
				spillways must be included.
(4) If
				a reservoir is located off-stream:
(a) the
				conveyance means to and from the reservoir must be identified; and
(b) any losses that may occur with the means
				of conveyance must be calculated and identified.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.114 - SOURCE NAME STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) A source name
				must adhere to one of the following, which are shown in order of preference:
(a) USGS map;
(b) water resource survey book; or
(c) DNRC water rights database.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.115 - WATER USE STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) A water right
				has several elements, one of which is the amount of water that is used for each
				purpose described in the right. A reasonable amount of water will vary with the
				type and location of the use and will depend on various circumstances such as:
(a) soil conditions;
(b) method of conveyance;
(c) topography;
(d) climate;
(e) system efficiency; or
(f) other conditions affecting the particular
				use.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.116 - EVAPORATION STANDARDS

Current through Register Vol. 13, July 5, 2024
(1) Net evaporation
				will be evaluated using:
(a) Estimation of
				Evaporation from Shallow Ponds and Impoundments in Montana, Donald E. Potts,
				Miscellaneous Publication No. 48, Montana Conservation and Experiment Station
				School of Forestry, University of Montana, Missoula, March 1988;
(b) Evaporation Pond Design for Agricultural
				Wastewater Disposal, USDA Soil Conservation Service, Montana Technical Note:
				Environment No. 7, February 1974; or
(c) other department-approved
				methods.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.120 - BASIN CLOSURE AREA EXCEPTIONS AND COMPLIANCE

Current through Register Vol. 13, July 5, 2024
(1) In the numerous basin closure areas in
				Montana, the department cannot process an application unless it qualifies as a
				basin closure exception.
(2) An
				applicant must provide a written summary of their application information
				explaining how their application meets the basin closure exceptions and why
				their application located in a basin closure area can be processed.
(3) The department will determine whether an
				application in a basin closure area can be processed based on the information
				received from the applicant and will document its findings before it will
				review the application to determine whether it is correct and
				complete.
(4) While the department
				may determine that an application located in a basin closure area can be
				processed, an objector is able to refute the department's
				determination.
(5) Information
				required by the hydrogeologic assessment pursuant to
				85-2-361, MCA, may not be
				sufficient to meet applicable criteria under
				85-2-311, MCA, including but not
				limited to adverse effect to a prior appropriator. The applicant for a
				beneficial water use permit pursuant to
				85-2-311, MCA, is responsible for
				providing sufficient evidence to meet all applicable criteria
85-2-113,
					 85-2-370, MCA; IMP,
					 85-2-301 through
					 85-2-319,
					 85-2-321 through
					 85-2-323,
					 85-2-329 through
					 85-2-331,
					 85-2-335 through
					 85-2-338,
					 85-2-340 through
					 85-2-344,
					 85-2-350,
					 85-2-351,
					 85-2-360 through
					 85-2-364,
					 85-2-368,
					 85-2-401,
					 85-2-402,
					 85-2-407,
					 85-2-408,
					 85-2-410 through
					 85-2-413,
					 85-2-415 through
					 85-2-419,
					 85-2-436,
					 85-2-437,
					 85-2-439,
					 85-2-501 through
					 85-2-512,
					 85-2-601 through
					 85-2-606,
					 85-2-608,
					 85-2-804 through
					 85-2-806,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.121 - AQUIFER TESTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Aquifer testing
				design and procedures must follow standard procedures that are discussed in
				hydrogeology textbooks and professional literature.
(2) Minimum information that must be
				submitted with applications:
(a) a map with
				labeled location of production and observation wells;
(b) well logs of production and observation
				wells; and
(c) Form No. 633, in
				electronic format, with all information and data provided.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.122 - CONTACTS

Current through Register Vol. 13, July 5, 2024
(1) If communication about a water right
				application filing or objection filing is to be conducted through an individual
				other than the applicant, the name address, and phone numbers must be
				supplied.
(2) If a contact person
				is identified as legal counsel, all communication will be sent only to the
				attorney unless the attorney provides written instruction to the
				contrary.
(3) If a contact person
				is identified as a consultant, employee, or lessee, the individual filing the
				water right form or objection form will receive all correspondence and a copy
				will be sent to the contact person.
(4) A contact cannot represent an applicant
				at a hearing unless the contact is an attorney.
85-2-113, MCA; IMP,
					 85-2-301 through
					 85-2-319,
					 85-2-321 through
					 85-2-323,
					 85-2-329 through
					 85-2-331,
					 85-2-335 through
					 85-2-338,
					 85-2-340 through
					 85-2-344,
					 85-2-350,
					 85-2-351,
					 85-2-401,
					 85-2-402,
					 85-2-407,
					 85-2-408,
					 85-2-410 through
					 85-2-413,
					 85-2-415 through
					 85-2-419,
					 85-2-436,
					 85-2-437,
					 85-2-439,
					 85-2-501 through
					 85-2-512,
					 85-2-601 through
					 85-2-606,
					 85-2-608,
					 85-2-804 through
					 85-2-806,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.1 - Montana Water Use Act › Rule 36.12.123 - VARIANCE REQUESTS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				may make a written request for a variance from the requirements of ARM
				36.12.121 or
				36.12.1702 to the appropriate
				regional office on a form provided by the department. The variance request must
				be:
(a) postmarked or sent electronically to
				the department by the deadline established at the preapplication meeting;
				or
(b) if a preapplication meeting
				is not held, the applicant may include a request for variance with a filed
				application, or as part of a deficiency response pursuant to ARM
				36.12.1501.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.201 - SCOPE AND PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The procedures
				contained herein shall govern the contested case proceedings conducted by the
				department of natural RESOURCES AND CONSERVATION pursuant to Montana Code
				Annotated (MCA) Title 85, chapter 2. The attorney general's model rules for
				conducting contested case proceedings, adopted by the department at
				ADMINISTRATIVE RULES OF MONTANA (ARM)
				36.2.101, shall not apply to
				proceedings conducted by the department pursuant to Title 85, chapter 2, MCA
				and are superseded for that purpose only. These rules do not govern any
				proceedings conducted by the board of natural RESOURCES AND CONSERVATION
				pursuant to Title 85, chapter 2, MCA.
2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, 2-4-201(2) and
					 85-2-113(2),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.203 - HEARING EXAMINERS

Current through Register Vol. 13, July 5, 2024
(1) When the
				department orders a contested case hearing, the director shall assign a hearing
				examiner to hear the case. The director may not assign as hearing examiner an
				individual that was involved in the preliminary determination on the
				application. The file that is submitted to the hearing examiner, subsequent to
				the assignment of the case, shall contain the parties' applications, notices of
				applications, petitions, objections to applications, or permits under
				consideration to be modified or revoked. After reviewing the file, the hearing
				examiner shall contact the parties and advise them as to the location and time
				during which a hearing should be held. Except as required under the
				circumstances of ARM
				36.12.232, no hearing shall be
				scheduled on a Saturday, Sunday, or legal holiday.
(2) Consistent with law, the hearing examiner
				shall perform the following duties:
(a)
				regulate the course of the hearing, including the scheduling, recessing,
				reconvening and adjournment thereof;
(b) grant or deny motions for discovery
				including the taking of depositions;
(c) receive and act upon requests for
				subpoenas where appropriate;
(d)
				hear and rule on motions;
(e)
				preside at the contested case hearing;
(f) administer oaths and
				affirmations;
(g) grant or deny
				requests for continuances;
(h)
				examine witnesses where the hearing examiner deems it necessary to make a
				complete record;
(i) rule upon
				offers of proof and receive evidence;
(j) make preliminary, interlocutory or other
				orders as he deems appropriate;
(k)
				recommend a summary disposition of any part of the case where there is no
				genuine issue as to any material fact or recommend dismissal where the case or
				any part thereof has become moot or for other reasons;
(l) require testimony, upon the motion of a
				party or upon the hearing examiner's motion, to be prefiled in whole or in part
				when prefiling will expedite the hearing and the interests of the parties will
				not be prejudiced substantially;
(m) hold conferences for settlement,
				simplification of the issues, or any other proper purpose;
(n) appoint a staff expert;
(o) prepare a proposal for decision or a
				final order containing findings of fact, conclusions of law and a proposed or
				final order;
(p) after issuing a
				proposal for decision, participate in the final decision-making
				process;
(q) do all things
				necessary and proper to the performance of the foregoing; and
(r) as authorized by law and rule, perform
				such other duties as well as any that may be delegated by the
				director.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.204 - COMMENCEMENT OF A CONTESTED CASE

Current through Register Vol. 13, July 5, 2024
A contested case is commenced, subsequent to the assignment
				  of a hearing examiner, by the service of a notice of and order for hearing by
				  the director.
(1) The notice and
				order. A notice of and order for hearing, which shall be a single document,
				shall be served upon all parties and shall contain, but not be limited to, the
				following:
(a) the time, date, place, and
				nature of the hearing;
(b) name,
				address and telephone number of the hearing examiner;
(c) a statement of the legal authority and
				jurisdiction under which the hearing is to be held;
(d) a reference to the particular sections of
				the statutes and rules involved;
(e) a short and plain statement of the
				matters asserted; for an application or petition, the matters asserted shall be
				whether the application or petition meets the statutory requisites. For
				revocation or modification of a permit, the matters asserted are the grounds
				for revocation or modification;
(f)
				notification of the right of the parties to be represented by legal counsel or
				appear on their own behalf;
(g) a
				citation to these procedural rules and to the contested case provisions of MCA
				Title 2, chapter 4, part 6;
(h) a
				statement that a formal proceeding may be waived pursuant to MCA §
										2-4-603;
(i) a statement advising parties that if any
				party fails to appear at the hearing, the party will be in default; and a
				statement which explains the possible results of a default;
(j) a statement advising the parties that
				communication with the hearings examiner containing obscene, lewd, profane, or
				abusive language which terrifies, intimidates, threatens, or harasses the
				hearing examiner will be returned. Any communication returned shall be
				conclusively presumed to have not been served or filed with the department for
				purposes of these rules.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.205 - DEFECTIVE NOTICE OF APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) When
				the notice of application is republished, scheduled hearings shall be continued
				until the time period for filing objections (as set forth in the republished
				notice of application) has expired.
(2) The cost of republishing the notice of
				application shall be paid by the applicant. However, if the department fails to
				send a notice of application to the applicant for review the department shall
				pay for said costs. No hearings shall be held until the applicant has paid all
				costs incurred under this rule.
Sec.
					 2-4-201(2) and
					 85-2-113(2) MCA;
					 IMP, Sec. 2-4-105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.206 - REPRESENTATION

Current through Register Vol. 13, July 5, 2024
(1) Any party may be represented by legal
				counsel throughout the proceedings in a contested case or an individual may
				appear on his/her own behalf. This rule shall not be construed to sanction the
				unauthorized practice of law.
Sec.
					 2-4-201(2) and
					 85-2-113(2) MCA;
					 IMP, Sec. 2-4-105,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.207 - INFORMAL DISPOSITION

Current through Register Vol. 13, July 5, 2024
(1) Informal
				disposition may be made of any contested case or any issue therein at any point
				in the proceedings by agreed settlement, stipulation or default. The parties
				may mutually agree to be bound by the terms of such settlement, stipulation, or
				default as a private contractual agreement; provided, however, that to the
				extent such settlement, stipulation, or default is based on conditions which
				the parties agree must be included in any permit to be issued, the parties'
				agreement shall not be binding on the department. The parties shall submit such
				proposed conditions to the department for review, but the department shall
				include them in the permit only if the conditions are designed to further
				compliance with the applicable statutory criteria.
(2) Department staff may propose conditions
				for settlement of a contested case which further compliance with the statutory
				criteria. Any proposed conditions which are sent to the parties in a contested
				case shall be accompanied by written notification that agreeing to the proposed
				condition(s) will not necessarily obviate the need for a hearing.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-603,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.208 - DEFAULT

Current through Register Vol. 13, July 5, 2024
(1) A default occurs when a party fails to
				appear at a hearing or fails to comply with any interlocutory orders of the
				hearing examiner. Upon default, the defaulting party's claim or interest in the
				proceeding may be dismissed (with or without prejudice), denied, disregarded or
				disposed of adverse to the defaulting party. An applicant is not relieved of
				the duty to present evidence to satisfy the applicant's substantive burden of
				proof when all objectors to a proceeding default.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-603 and
					 85-2-311,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.209 - TIME

Current through Register Vol. 13, July 5, 2024
(1) The time within which an act is to be
				done as provided in these rules shall be computed by excluding the first day
				and including the last, except that if the last day be Saturday, Sunday, or a
				legal holiday, the act may be done on the next succeeding regular business day.
				When the period of time prescribed or allowed is less than 11 days,
				intermediate Saturdays, Sundays and legal holidays shall be excluded in the
				computation.
(2) Computing time
				when serving by mail. Whenever a party has the right or is required to do some
				act or take some action within a prescribed period after the service of a
				notice or other paper upon him, or whenever such service is required to be made
				within a prescribed period before a specified event, and the notice or paper is
				served by mail, postmarking of the notice or paper on or before the prescribed
				period shall satisfy this rule.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, 2-4-611,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.210 - CONSOLIDATION

Current through Register Vol. 13, July 5, 2024
(1) Whenever it is determined, either on the
				hearing examiner's motion or upon motion by any party, that two or more
				contested cases present substantially the same issues of fact or law, that a
				holding in one case would affect the rights of parties in another case, and
				that consolidation would not substantially prejudice any party, the hearing
				examiner may order such cases consolidated for a single hearing on the merits.
				In every case, all objections to a single application shall be consolidated
				without requirement of order. Applications by the same applicant may be
				consolidated without requirement of an order.
(2) Following an order for consolidation, the
				hearing examiner shall serve on all parties a copy of the order for
				consolidation. The order shall contain, among other things:
(a) a description of the cases for
				consolidation;
(b) the reasons for
				consolidation;
(c) notification of
				a consolidated prehearing conference if one has been requested.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.211 - DISQUALIFICATION OF HEARING EXAMINER

Current through Register Vol. 13, July 5, 2024
(1) Upon
				the filing in good faith by a party of an affidavit of disqualification of
				hearing examiner, the director shall determine the matter as a part of the
				record provided the affidavit is filed no later than 10 days prior to the
				original date set for hearing, and states the facts and reasons for the belief
				that the hearing examiner should be disqualified.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-611,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.212 - PREHEARING CONFERENCE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of
				the prehearing conference is to simplify the issues to be determined, to fix
				hearing dates, to obtain stipulations in regard to foundation for testimony or
				exhibits, to hear and rule upon evidentiary objections to prefiled testimony,
				to identify the proposed witnesses for each party, to schedule discovery, to
				discuss the procedure at the hearing, to consider such other matters that may
				be necessary or advisable, and, if possible, to reach a final settlement
				without the necessity for further hearing.
(2) Upon written request of any party or upon
				the hearing examiner's motion, a prehearing conference may be ordered prior to
				each contested case hearing. The hearing examiner may require the parties to
				file a prehearing statement prior to the prehearing conference which shall
				contain such items as the hearing examiner deems necessary to promote a useful
				prehearing conference. A prehearing conference shall be an informal proceeding
				conducted expeditiously following written notice to all parties or their
				attorneys. Agreements on the simplification of issues, amendments, stipulations
				or other matters may be entered on the record or may be the subject of an order
				by the hearing examiner. A party who fails (without having made prior
				arrangements with the hearing examiner) to appear at a prehearing conference
				shall have waived the right to object to any matters agreed upon by other
				parties in attendance at the prehearing conference. Following a prehearing
				conference, the hearing examiner may issue a procedural order which fixes any
				dates which are appurtenant to the disposition of the case, and which sets out
				the procedures to be followed by the parties. The procedural order may include
				a description of the matters discussed at and the actions taken pursuant to the
				prehearing conference.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-611,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.213 - MOTIONS TO HEARING EXAMINER

Current through Register Vol. 13, July 5, 2024
(1) Any
				application to the hearing examiner for an order shall be by motion which,
				unless made during a hearing, shall be made in writing, shall state with
				particularity the grounds therefore, and shall set forth the relief or order
				sought. Written motions or responses to motions shall first be served on all
				parties, and then filed with the hearing examiner with a certificate of service
				attached. A written motion shall give notice to other parties that should they
				wish to contest the motion they must file a written response with the hearing
				examiner (after first serving all parties), and that the written response, with
				a certificate of service attached, must be filed within 10 days after service
				of the motion. Requests for disqualification of a hearing examiner, prehearing
				conferences, and subpoenas are not governed by the requirements of this rule.
				The hearing examiner may require a hearing or telephone conference call before
				issuing an order on the motion. All orders on such motions, other than those
				made during the course of the hearing, shall be in writing, and shall be served
				upon all parties of record. In ruling on motions where these rules are silent,
				the hearing examiner shall apply the Montana Rules of Civil Procedure to the
				extent the hearing examiner determines is appropriate to do so in order to
				promote a fair and expeditious proceeding.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-611,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.214 - MOTIONS TO DIRECTOR

Current through Register Vol. 13, July 5, 2024
(1) No motions
				shall be made directly to or be decided by the director subsequent to the
				assignment of a hearing examiner and prior to the completion and filing of the
				hearing examiner's proposal for decision except as provided by ARM
				36.12.211 or except when the
				motion is certified to the director by the hearing examiner. Any party may
				request that a pending motion, or a motion decided adversely to that party by
				the hearing examiner before or during the course of the hearing be certified by
				the hearing examiner to the director. In deciding what motions should be
				certified, the hearing examiner shall consider the following:
(a) whether the motion involves a controlling
				question of law, which if finally determined, would materially advance the
				ultimate termination of the hearing; or
(b) whether certifying the motion is
				necessary to promote the development of the full record and avoid a
				remand.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.215 - DISCOVERY

Current through Register Vol. 13, July 5, 2024
(1) Discovery under this rule may commence
				following the department's acknowledgement of receipt of valid
				objections.
(2) Each party shall,
				within 10 days of a demand by another party, disclose the following:
(a) The names and addresses of all witnesses
				that a party intends to call at the hearing together with a brief summary of
				each witness's testimony. All witnesses unknown at the time of said disclosure
				shall be disclosed, together with a brief summary of their testimony, as soon
				as they become known.
(b) Any
				relevant written or recorded statements made by the party or by witnesses on
				behalf of the party shall be permitted to be inspected and reproduced by the
				demanding parties.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.216 - DEPOSITIONS TO PRESERVE TESTIMONY

Current through Register Vol. 13, July 5, 2024
(1) Upon
				the motion of any party, the hearing examiner may order that the testimony of
				any witness be taken by deposition to preserve that witness' testimony in the
				manner prescribed by law for depositions in civil actions, which includes the
				right of other parties to attend the deposition and cross-examine the witness.
				The motion shall indicate the relevancy and shall make a showing that the
				witness will be unable or cannot be compelled to attend the hearing or show
				other good cause. No part of a deposition shall constitute a part of the record
				unless received in evidence by the hearing examiner.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-602 and
					 2-4-611,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.217 - SUBPOENAS

Current through Register Vol. 13, July 5, 2024
(1) Requests for subpoenas for the attendance
				of witnesses or the production of documents shall be made in writing to the
				hearing examiner and shall contain a brief statement demonstrating the
				potential relevance of the testimony or evidence sought and shall identify any
				documents sought with specificity, and shall name all persons to be subpoenaed.
(a) A subpoena shall be served in the manner
				provided by the Montana Rules of Civil Procedure.
(b) The cost of service, fees, and expenses
				of any witnesses subpoenaed shall be paid at the rates prescribed by Montana
				law by the party at whose request the witness appears.
(c) The person serving the subpoena shall
				make proof of service by filing the subpoena together with a certificate of
				service with the hearing examiner.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.218 - RIGHTS OF PARTIES

Current through Register Vol. 13, July 5, 2024
(1) All parties
				shall have the right to present evidence, rebuttal testimony and argument with
				respect to the issues and to cross-examine witnesses. MCA
				2-4-612(1).
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-612,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.2 - Procedural Rules for Water Rights Contested Case Hearings › Rule 36.12.219 - UNTIMELY OBJECTORS

Current through Register Vol. 13, July 5, 2024
(1) Untimely
				objectors do not have the status of parties in a contested case. Such
				nonparties have no right to participate in the contested case
				process.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-611 and
					 2-4-612,
					 MCA;