reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.10 - Petitions for Rule Closure in Highly Appropriated Basins › Rule 36.12.1016 - MUSSELSHELL RIVER CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The Musselshell
				River is located in hydrologic basins 40A and 40C, running from the headwaters
				of the North Fork and South Fork in Meagher County through Wheatland, Golden
				Valley, and Musselshell counties, and forming the east-west boundary for
				Petroleum, Garfield, and Rosebud counties. The closure area contains the
				mainstems of the North and South Fork of the Musselshell River and the
				Musselshell River down to the mouth of Flatwillow Creek located at a point in
				the SW ¼ Section 33, Township 14 North, Range 30 East, Petroleum County,
				Montana.
(2) The department shall
				reject applications for surface water permits within the Musselshell River
				closure area for any diversions, including infiltration galleries, for
				consumptive uses of water during the period from July 1 through August 31.
				Applications for use from September 1 through September 30 shall be rejected,
				except, applications for supplemental irrigation during this period shall be
				accepted and processed.
(3) Any
				permits issued for nonconsumptive uses during the closure period shall be
				modified or conditioned to provide that there will be no decrease in the source
				of supply, no disruption in the stream conditions below the point of return,
				and no adverse effect to prior appropriators within the reach of stream between
				the point of diversion and the point of return. The applicant for a
				nonconsumptive use shall prove by substantial credible, evidence its ability to
				meet the conditions imposed by this rule.
(4) Emergency appropriations of water as
				defined in ARM
				36.12.101(6) and
				36.12.105 shall be exempt from
				these rules.
(5) These rules apply
				only to applications received by the department after the date of adoption of
				these rules.
(6) The department
				may, if it determines changed circumstances justify it, reopen the basin to
				additional appropriations and amend these rules accordingly after public notice
				and hearing.
Sec.
					 85-2-112 and
					 85-2-319, MCA; IMP, Sec.
					 85-2-319,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.10 - Petitions for Rule Closure in Highly Appropriated Basins › Rule 36.12.1020 - SIXMILE CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Sixmile Creek
				Basin means the Sixmile Creek drainage area, a tributary to the Clark Fork
				River located in hydrologic basin 76M, in Missoula County, Montana. The Sixmile
				Creek Basin designated as the closure area is all that drainage and headwaters
				originating in Township 16 North, Range 21 and 22 West, MPM flowing
				southwesterly through Township 15 North, Range 21 and 22 West, MPM to its
				confluence with the Clark Fork River in Section 27, Township 15 North, Range 22
				West, MPM. The entire Sixmile Creek drainage, including the West Fork of
				Sixmile Creek and all unnamed tributaries, is contained in the closure area as
				outlined on file map page 4.
(2)
				The department shall reject all surface water applications to appropriate water
				within the Sixmile Creek Basin for any diversions, including infiltration
				galleries, for consumptive uses of water during the period from June 1 through
				September 15.
(3) Applications for
				nonconsumptive uses shall be accepted and processed. Any permit if issued shall
				be modified or conditioned to provide that there will be no decrease in the
				source of supply, no disruption in the stream conditions, and no adverse effect
				to prior appropriators within the reach of stream between the point of
				diversion and the point of return. The applicant for a nonconsumptive use shall
				provide sufficient factual information upon which the department can determine
				the applicant's ability to meet the conditions imposed by this rule.
(4) Applications for storage to appropriate
				water only outside the closure period from which water could subsequently be
				used during any portion of the year shall be received and processed except for
				form no. 605, application for provisional permit for completed stockwater pit
				or reservoir. Form no. 605 shall be rejected.
(5) Emergency appropriations of water as
				defined in ARM
				36.12.101(6) and
				36.12.105 shall be exempt from
				these rules.
(6) These rules apply
				only to applications received by the department after the date of adoption of
				these rules.
(7) The department
				may, if it determines changed circumstances justify it, reopen the basin to
				additional appropriations and amend these rules accordingly after public notice
				and hearing.
85-2-319, MCA; IMP,
					 85-2-319,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.10 - Petitions for Rule Closure in Highly Appropriated Basins › Rule 36.12.1021 - HOULE CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The Houle Creek
				Basin means the entire Houle Creek drainage area located in hydrologic basin
				76M in Missoula County, Montana. The Houle Creek Basin designated as the
				closure area is all that drainage and headwaters originating in Sections 4 and
				8, Township 15 North, Range 21 West, MPM flowing southwesterly to its
				confluence with the Frenchtown Irrigation District ditch in the SENENE Section
				30, Township 15 North, Range 21 West, MPM. The entire Houle Creek drainage
				including all unnamed tributaries is contained in the closure area as outlined
				on file map page 4.
(2) The
				department shall reject all surface water applications to appropriate water
				within the Houle Creek Basin for any diversions, including infiltration
				galleries, for consumptive uses of water during any time of the year.
(3) Applications for nonconsumptive uses
				shall be accepted and processed. Any permit if issued shall be modified or
				conditioned to provide that there will be no decrease in the source of supply,
				no disruption in the stream conditions, and no adverse effect to prior
				appropriators within the reach of stream between the point of diversion and the
				point of return.The applicant for a nonconsumptive use shall provide sufficient
				factual information upon which the department can determine the applicant's
				ability to meet the conditions imposed by this rule.
(4) Applications for ground water shall be
				accepted however the applicant shall provide sufficient factual information
				upon which the department can determine whether or not the source of the ground
				water is part of or substantially or directly connected to surface water. If it
				is found that the proposed diversion of ground water would cause a calculable
				reduction in the surface water flow during the closure period the application
				shall be rejected. A calculable reduction means a theoretical reduction based
				on credible information as opposed to a measured reduction. If the applicant
				fails to submit sufficient factual information as required, the application
				shall be considered defective and shall be processed pursuant to
				85-2-302, MCA.
(5) Temporary emergency appropriations of
				water as defined in ARM
				36.12.101(6) and
				36.12.105 shall be exempt from
				these rules.
(6) these rules apply
				only to applications received by the department after the date of adoption of
				these rules. (7) the department may, if it determines changed circumstances
				justify it, reopen the basin to additional appropriations and amend these rules
				accordingly after public notice and hearing.
85-2-319, MCA; IMP,
					 85-2-319,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.11 - Late Claims › Rule 36.12.1101 - PAYMENT DATE FOR FILING OF LATE CLAIMS

Current through Register Vol. 13, July 5, 2024
(1)
				For a statement of claim filed after April 30, 1982, but prior to July 1, 1993,
				the $150 processing fee must be paid to the department. The department shall
				give notice of payment due by mailing a billing invoice to the current late
				claim owner or owners as documented in the department's records. If payment is
				not received within 60 days the department shall send a second notice. If the
				processing fee is not received within 45 days of the second notice the
				department shall add a remark to the claim stating: "No processing fee has been
				received for this late claim.Total amount due $150.00." This remark will also
				be added to any late claim for which the department is unable to determine a
				correct address or new owner for a billing invoice that is undeliverable by
				United States mail.The department will complete its mailing notifications under
				this rule prior to June 30, 1996.
(2) For a statement of claim filed by a state
				agency from April 30, 1982 to July 1, 1996, the $150 processing fee must be
				paid to the department.The department will notify the state agency by billing
				invoice of the processing fee.The state agency must pay the processing fee to
				the department by July 30, 1997. If the processing fee is not received by July
				30, 1997, the department shall add the remark provided under (1) to the
				claim.
(3) A processing fee is not
				required for a statement of claim for a right exempt under the provisions of
				85-2-222, MCA.
85-2-225, MCA; IMP,
					 85-2-225,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1201 - PURPOSE AND SCOPE

Current through Register Vol. 13, July 5, 2024
(1) the purpose of
				these rules and the goal of the department is to provide for the preservation
				of the hydrothermal system and features by allowing no impact to them within
				the reserved land of Yellowstone National Park. These rules are necessary to
				effectuate the Compact and to establish criteria which are necessary to
				implement Article IV of the Compact.
(2) All ground water appropriations (wells or
				developed springs) with a priority date after January 31, 1994 are subject to
				the following rule provisions.A permit application must be filed with the
				department of natural RESOURCES AND CONSERVATION if the development will be
				located within the boundaries of the Yellowstone controlled ground water area.A
				map of the boundaries is available from the department upon request.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1203 - APPLICATION TYPES

Current through Register Vol. 13, July 5, 2024
(1) Type "A" ground
				water permit applications are for appropriations of 35 gpm or less, not to
				exceed 10 AF/yr.An applicant for an appropriation of water with a proposed use
				that does not require water with a temperature of 60ºF or more, may drill
				the proposed well subject to state law and the terms of the Compact, but shall
				not put the water to beneficial use until receipt of a provisional permit.These
				applications follow an abbreviated application and notice process.
(2) Type "B" ground water permit applications
				are for appropriations of greater than 35 gpm or 10 AF/yr.An applicant for an
				appropriation of water with a proposed use that does not require water with a
				temperature of 60°F or more, may drill the proposed well subject to state
				law and the terms of the Compact, but shall not put the water to beneficial use
				until receipt of a permit.These applications must follow state law permit
				processing requirements in addition to certain Compact requirements.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1204 - APPLICATION FILING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) All
				permit applications must be filed with the department's Bozeman water RESOURCES
				regional office.Form No. 600, Application for Beneficial Water Use Permit must
				be used and the appropriate fee must accompany the application.
(2) All applications must include a statement
				of whether the proposed use requires water with a temperature of 60°F or
				more.
(3) A type "A" permit
				applicant is not required to prove the
				85-2-311, MCA, permit issuance
				criteria.
(4) A type "B" permit
				applicant shall prove the criteria in
				85-2-311, MCA, prior to
				issuance.
(5) If an application,
				its corresponding well log or other verification indicates water of 60°F or
				more, the application must follow additional requirements set out in Article
				IV, section G.2.c.
(6) If an
				application is located in a basin tributary to a category 3 or 4 stream, the
				applicant must meet additional requirements set out in Article II, section
				B.2.b.
(7) Failure to meet the
				requirements in (2), (4), (5) or (6) renders the application defective and the
				application must be returned for completion according to state law.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1205 - PROCESSING - NOTICE

Current through Register Vol. 13, July 5, 2024
(1) the BWRRO shall
				review each type of permit application and determine if it is correct and
				complete.
(2) A copy of an
				"incorrect and incomplete" application must be returned to the applicant with a
				letter explaining the deficiencies.The BWRRO letter must contain a deadline for
				the applicant to correct the deficiencies and return the application
				copy.
(3) For type "A" permit
				applications no notice pursuant to
				85-2-307, MCA is required.The
				BWRRO shall only send notice to the national park service by means of a letter
				within 30 days after receipt of a correct and complete permit
				application.Enclosed with each letter must be a copy of the correct and
				complete permit application, a well location map, and a copy of the drillers
				well log report and supplement.A copy of each BWRRO letter must be sent to the
				following:
(a) the applicant;
(b) the MBM&G in Butte, Montana along
				with a copy of the well log report form.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1206 - WELL LOG REPORT AND SUPPLEMENT

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant shall provide a well log report and supplement no later than 60 days
				after drilling the well.
(2) All
				applicants, when filing a well log report and supplement, shall provide the
				following information:
(a) 2½ acre land
				description (¼¼¼¼, section, township and range)
				;
(b) ground elevation at well
				head;
(c) well depth;
(d) ground water level in well (static)
				;
(e) flow rate or maximum pump
				rate;
(f) ground water temperature
				measured at well head; and
(g)
				specific conductance of the wells ground water.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1207 - OBJECTIONS

Current through Register Vol. 13, July 5, 2024
(1) Objections to type "A" permit
				applications must comply with the following procedures:
(a) the national park service may within 60
				days from the date of the BWRRO's mailing of the well log report form, file an
				objection providing credible information that the proposed appropriation is of
				ground water with characteristics to which the Compact restrictions concerning
				temperatures of 60° or more apply.
(b) No other objection may be filed by any
				person or entity.
(c) An objection
				must be filed on Form No. 611, Objection to Application.The objection must be
				received or postmarked on or before the 60 day time limit provided in the
				Compact to constitute a timely objection, along with the proper filing fee.An
				untimely objection may not be considered.
(d) Any national park service objection must
				set forth credible information that the appropriation is of ground water with
				characteristics to which restrictions established pursuant to Article IV of the
				Compact apply, or must provide credible information that the ground water
				proposed to be appropriated is hydrologically connected to the hydrothermal
				system within the reserved land of Yellowstone National Park based on
				scientific evidence according to the procedures in Article IV of the
				Compact.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1208 - HEARINGS

Current through Register Vol. 13, July 5, 2024
(1) All objections to permit applications, if
				correct and complete, timely filed, and unsettled between the parties, must
				proceed to a hearing following the department's administrative procedural rules
				for water right contested case hearings as provided in ARM
				36.12.201 through
				36.12.234.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1210 - FILING OF PROJECT COMPLETION NOTICE

Current through Register Vol. 13, July 5, 2024
(1)
				Permittee shall file a project completion notice on Form No. 617 with the
				department pursuant to state law and Article IV of the Compact.
(2) A photograph or legible sketch of the
				actual flow meter installation must accompany Form No. 617.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1211 - METERS

Current through Register Vol. 13, July 5, 2024
(1) Each ground water use must be metered to
				record the total volume of water used.
(2) The department will provide the meter to
				be used at no cost to the permittee, but it is the responsibility of the
				permittee to properly install and maintain the meter. A meter will be provided
				after a provisional permit is issued.
(3) A permittee may upon prior approval from
				the department purchase, install, and maintain a different type of meter than
				provided by the department, but only if the meter records the total volume of
				water used.
(4) The following
				general guidelines should be followed to properly install a meter:
(a) install meter in a frost free
				location;
(b) place in a horizontal
				position for optimum performance;
(c) use leak tight connections;
(d) install shut-off valves before and after
				the meter to prevent excessive water loss during servicing;
(e) locate the meter in a supply line with a
				diameter as near to the meter size as possible;
(f) provide access to meter for reading and
				service;
(g) maintain a continuous
				electrical connection around the meter;
(h) locate meter after any sand traps in the
				system; and
(i) any hydrants or
				outside faucets should be located after the meter to allow for total water use
				recording.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.12 - Yellowstone Controlled Ground Water Area › Rule 36.12.1212 - REPLACEMENT WELLS

Current through Register Vol. 13, July 5, 2024
(1) All ground
				water appropriators shall file with the department a change application and
				obtain approval from the department prior to replacing an existing well or
				spring development.
(2) Approval to
				replace a well or spring development may only be to change the point of
				diversion, place of use, place of storage, or the use.
(3) Any well or spring development change
				must be from the same source and the rate and volume of water use may not
				increase.
(4) An increase in rate
				or volume of water used, period of appropriation or use, or change in source
				requires a new permit application and approval from the department in
				accordance with state law and the Compact provisions.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.13 - Form Acceptance › Rule 36.12.1301

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113, MCA; IMP:
					 85-2-302,
					 85-2-310,
					 MCA.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.13 - Form Acceptance › Rule 36.12.1302 - PREAPPLICATION MEETING

Current through Register Vol. 13, July 5, 2024
(1) If the
				applicant completes a preapplication meeting with the department, the
				department will provide for a discounted application filing fee provided for in
				ARM 36.12.103 and expedited timelines
				provided for in ARM
				36.12.1501.
(2) A written request for a preapplication
				meeting must identify the following elements of the proposed permit or change
				in appropriation:
(a) the flow rate and volume
				of water required;
(b) the point of
				diversion;
(c) the place of
				use;
(d) the source of
				water;
(e) the purpose;
(f) for changes, the water right(s) proposed
				to be changed;
(g) for changes, an
				explanation of historical use of the right(s) proposed for change;
(h) any proposed places of storage, if
				applicable; and
(i) for
				applications proposing a new well or wells, the well depth(s) and
				location.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.13 - Form Acceptance › Rule 36.12.1303 - TECHNICAL ANALYSES

Current through Register Vol. 13, July 5, 2024
(1) Technical
				analyses may be required for permit and change applications to provide the
				minimum information necessary for the department to complete a criteria
				assessment under
				85-2-311, MCA for permits, or
				85-2-402, MCA for changes. The
				department will conduct technical analyses necessary to evaluate criteria if
				not provided by the applicant. It remains the applicant's burden to prove the
				criteria.
(2) For surface water
				permit applications, the following technical analyses are required:
(a) a surface water analysis pursuant to ARM
				36.12.1702, which must include:
(i) for perennial or intermittent streams
				where measurement records are available, the gage name, location, period of
				record, and calculated median of the mean monthly flow rate and
				volume;
(ii) for perennial or
				intermittent streams where measurement records are not available, an estimated
				mean monthly flow rate and volume, and identify the estimation technique and
				basin characteristics used for the estimation;
(iii) for ephemeral streams, an explanation
				of the method used to calculate mean annual runoff and associated climate and
				drainage area data; and
(iv) for
				lakes, the source of the bathymetric data and associated volume or description
				of the method and associated data used to calculate volume;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.13 - Form Acceptance › Rule 36.12.1304 - FILING A PERMIT APPLICATION AND FORM ACCEPTANCE

Current through Register Vol. 13, July 5, 2024
(1) A permit
				application (Form No. 600) must be filed when an applicant desires to use
				surface water or groundwater that does not meet an exception to permit
				requirements under
				85-2-306, MCA.
(2) The department will not accept a permit
				application and will not assign a priority date if any of the following items
				are missing:
(a) the flow rate and volume of
				water;
(b) the point of
				diversion;
(c) the place of use;
(d) the source of water;
(e) the purpose;
(f) the applicant's signature;
(g) for a groundwater well, aquifer testing
				results conforming to ARM
				36.12.121;
(h) for projects proposed in sage grouse
				habitats designated as a core area, general habitat, or a connectivity area, a
				letter from the Montana Sage Grouse Habitat Conservation Program stating the
				project is consistent with Executive Orders 12-2015 and 21-2015; and
(i) the appropriate filing fee in ARM
				36.12.103.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.13 - Form Acceptance › Rule 36.12.1305 - FILING A CHANGE APPLICATION AND FORM ACCEPTANCE

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				who desires to change the point of diversion, place of use, purpose of use, or
				place of storage of a water right must file an application to change a water
				right (Form No. 606) and any applicable addendums.
(2) The department will not accept a change
				application if any of the following items are missing:
(a) the water right element(s) proposed for
				change;
(b) the water right number
				for each water right changed;
(c)
				the proposed diverted flow rate and diverted volume of water for each changed
				right;
(d) the applicant's
				signature;
(e) for projects
				proposed in sage grouse habitats designated as a core area, general habitat, or
				a connectivity area, a letter from the Montana Sage Grouse Habitat Conservation
				Program stating the project is consistent with Executive Orders 12-2015 and
				21-2015; and
(f) the appropriate
				filing fee in ARM
				36.12.103.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.14 - Form Modifications › Rule 36.12.1401 - PERMIT AND CHANGE APPLICATION MODIFICATION

Current through Register Vol. 13, July 5, 2024
(1) After
				application acceptance, an applicant may modify any Any element of a permit or
				change application may be modified prior to the department's issuance of a
				draft preliminary determination.
(2) Modification of an element of a permit or change application
				requires an application amendment Form No. 655 to be submitted to the
				department which identifies the elements being modified;
(3) Modification of an element will reset
				the statutory timelines for application processing identified in
				85-2-302 and
				85-2-307, MCA.
(a) If the applicant completed a
				preapplication meeting and the modification does not require the department to
				update its technical analyses, the reduced preapplication timelines shall still
				apply.
(b) If the applicant
				completed a preapplication meeting and the modification requires the department
				to update any of its technical analyses, the reduced preapplication timelines
				shall no longer apply.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.15 - Deficiency Letters and Termination › Rule 36.12.1501 - PERMIT AND CHANGE APPLICATION DEFICIENCY LETTER AND TERMINATION

Current through Register Vol. 13, July 5, 2024
(1) If the
				department determines the application does not contain the information
				requested in ARM
				36.12.1601, the department will
				notify the applicant in one deficiency letter of any defects in a permit or
				change application. The defects and the administrative rules not met will be
				identified in the deficiency letter.
(a) If a
				preapplication meeting is held, and the application is filed in compliance with
				ARM 36.12.1302, the applicant will be notified of any defects within 15
				business days of receipt of the application by the appropriate regional
				office.
(b) If there was no
				preapplication meeting, the applicant will be notified of any defects within 30
				business days of receipt of the application by the appropriate regional
				office.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.16 - Correct and Complete Determination › Rule 36.12.1601 - WATER RIGHT PERMIT AND CHANGE APPLICATION -CORRECT AND COMPLETE DETERMINATION

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall determine whether an application for a provisional permit or change
				authorization is correct and complete by reviewing:
(a) information publicly available within its
				expertise; and
(b) that information
				which is submitted in the application.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1701

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113,
					 85-2-302, MCA; IMP:
					 85-2-302,
					 85-2-311,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1702 - PERMIT APPLICATION CRITERIA - PHYSICAL SURFACE WATER AVAILABILITY

Current through Register Vol. 13, July 5, 2024
(1) Physical
				availability for perennial or intermittent streams will be determined based on
				monthly flow rate and volume.
(a) If stream
				gage records are available, or the source has been otherwise measured, or
				quantified, those measurement records will be used to quantify physical
				availability using the median of the mean monthly flow rate and volume during
				the proposed months of diversion.
(b) If measurement records pursuant to (1)(a)
				are not available, mean monthly flow rate and volume of water physically
				available may be estimated using a department-accepted method in conjunction
				with applicant collected flow measurements to validate the estimation
				technique. The applicant must collect a minimum of three measurements that
				reflect high, moderate, and low flows during the period of diversion. The
				applicant shall explain how the measurements are representative of high,
				moderate, and low flows.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1703 - PERMIT APPLICATION CRITERIA - PHYSICAL GROUNDWATER AVAILABILITY

Current through Register Vol. 13, July 5, 2024
(1) Applicants for
				groundwater from a developed spring must provide monthly flow measurements
				taken at regular intervals or at department-approved intervals during the
				proposed period of diversion. Measurements must be submitted with all
				information and data necessary for department analysis. The department will
				determine the acceptability of measurements based on the information submitted.
				Electronically formatted records may be required. An applicant cannot receive a
				variance from the monthly measurement requirement for developed
				springs.
(2) Applicants for
				groundwater from a means of diversion other than a developed spring must follow
				aquifer testing requirements and provide to the department information and data
				in conformance with ARM
				36.12.121 unless a variance has
				been granted by the department under ARM 36.12.123.
(3) Physical availability of groundwater will
				be determined using the measurements in (1), evaluation of the aquifer test
				data in (2), or using published groundwater data.
AUTH:
					 85-2-113,
					 85-2-302, MCA; IMP:
					 85-2-302,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1704 - PERMIT APPLICATION - LEGAL AVAILABILITY

Current through Register Vol. 13, July 5, 2024
(1) The department
				will identify and quantify the existing legal demands of water rights on the
				source of supply and those waters to which it is tributary and which the
				department determines may be affected by the proposed appropriation.
(a) For groundwater appropriations, this
				shall include identification and quantification of existing legal demands for
				any surface water source that the department determines will be depleted as a
				result of the groundwater appropriation.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1705

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113,
					 85-2-302, MCA; IMP:
					 85-2-302, MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1706 - PERMIT APPLICATION CRITERIA - ADVERSE EFFECT

Current through Register Vol. 13, July 5, 2024
(1) An application
				must include a plan to address adverse effect. The plan must establish how the
				applicant will comply with a call and describe how the appropriation can be
				regulated during times of water shortage so the water rights of prior
				appropriators will not be adversely affected.
(2) The adverse effect plan may include:
(a) an agreement to measure appropriations
				and monitor water supplies;
(b) a
				plan to appropriate only when stream flows exceed certain trigger flow
				levels;
(c) the use of a mitigation
				or aquifer recharge plan as a means of offsetting adverse effect; or
(d) other conditions necessary to prevent
				adverse effects.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.17 - Permit Application Requirements › Rule 36.12.1707 - PERMIT APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION

Current through Register Vol. 13, July 5, 2024
(1) The diversion
				works must be capable of diverting the amount of water requested to accomplish
				the proposed use without unreasonable loss through design or
				operation.
(2) The diversion works
				must conform to current industry design, construction, and operation
				standards.
(3) Wells must be
				constructed according to ARM Title 36, chapter 21, subchapter 6.
(4) The applicant shall describe how the
				proposed system will be operated, from point of diversion through the place of
				use and on through the discharge of water, if any.
(5) Preliminary design plans and
				specifications for the diversion and conveyance facilities and the equipment
				used to put the water to beneficial use must be submitted including the
				following:
(a) the proposed flow rate and
				volume design capacity;
(b) the
				expected overall efficiency, including diversion, conveyance, and system
				efficiencies;
(c) system design,
				construction, or operation features which are intended to reduce or eliminate
				adverse effects on other water rights; and
(d) the flow rate and operation of diversions
				must be described, including the proposed diversion
				schedule.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.18 - Permit and Change Applications › Rule 36.12.1801 - PERMIT AND CHANGE APPLICATIONS - BENEFICIAL USE

Current through Register Vol. 13, July 5, 2024
(1) Water may be
				appropriated for beneficial use:
(a) by a
				governmental entity for the public;
(b) by a person for the sale, rent, or distribution to others;
				or
(c) by a person for the
				person's own use, unless provided otherwise by statute; or
(d) for other person's use, according to
				law.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.18 - Permit and Change Applications › Rule 36.12.1802 - PERMIT AND CHANGE APPLICATIONS - POSSESSORY INTEREST

Current through Register Vol. 13, July 5, 2024
(1) An applicant or a representative shall
				sign the application affidavit to affirm the following:
(a) the statements on the application and all
				information submitted with the application are true and correct; and
(b) except in cases of an instream flow
				application, or where the application is for sale, rental, distribution, or is
				a municipal use, or in any other context in which water is being supplied to
				another and it is clear that the ultimate user will not accept the supply
				without consenting to the use of water on the user's place of use, the
				applicant has possessory interest in the property where the water is to be put
				to beneficial use or has the written consent of the person having the
				possessory interest.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.19 - Change Applications › Rule 36.12.1901

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-112,
					 85-2-113,
					 85-2-302, MCA; IMP:
					 85-2-302,
					 85-2-401,
					 85-2-402,
					 85-2-407,
					 85-2-408,
					 85-2-436, MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.19 - Change Applications › Rule 36.12.1902 - CHANGE APPLICATION - HISTORIC USE

Current through Register Vol. 13, July 5, 2024
(1)
				The description of the historic information is related to a date that is
				dependent on the type of water right being changed. The following dates are
				applicable for each type of water right:
(a)
				historic information for a statement of claim must be described as it was used
				prior to July 1, 1973, unless the Water Right Claim was subject to a previous
				change in which case it is the date of completion of the change;
(b) historic information for a provisional
				permit must be described as it was used at the filing date of the completion
				notice;
(c) historic information
				for a certificate of water right must be described as it was used at the filing
				date of the completion notice;
(d)
				historic information for an exempt or nonfiled water right must be described as
				it was completed prior to July 1, 1973; and
(e) when a change application has been
				granted on or after July 1, 1973, the department may request additional
				historic information for a statement of claim as it was used prior to July 1,
				1973.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.19 - Change Applications › Rule 36.12.1903 - CHANGE APPLICATION - ADVERSE EFFECT

Current through Register Vol. 13, July 5, 2024
(1) Lack of adverse
				effect for change applications is generally based on the applicant's plan
				showing the diversion and use of water and operation of the proposed project
				will not exceed historical use, and can be implemented and properly regulated.
				A written narrative must be provided addressing the applicant's plan to prevent
				potential adverse effects to existing water rights, certificates, permits, and
				water reservations.
(2) The
				applicant's plan must document the effects to the other water rights including,
				but not limited to, the following:
(a) water
				rights using the existing or proposed point of diversion;
(b) other ditch users;
(c) down-slope water users;
(d) the effect to water rights dependent on
				the return flow;
(e) the effects of
				changing the historical diversion pattern including rate and timing of
				depletions;
(f) for groundwater
				applications, the applicant shall explain how the changed water right will
				affect water levels in wells of junior and senior water rights and the rate and
				timing of net depletions from hydraulically connected surface waters, and what
				effect those changes will have on those water rights within the notice
				area.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.19 - Change Applications › Rule 36.12.1904 - CHANGE APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION

Current through Register Vol. 13, July 5, 2024
(1) The diversion
				works must be capable of diverting the amount of water requested to accomplish
				the proposed use without unreasonable loss through design or
				operation.
(2) Preliminary design
				plans and specifications for the current and/or proposed diversion and
				conveyance facilities and the equipment used to put the water to beneficial use
				must be submitted with the application including the following:
(a) a description of the historical
				operation, including the typical diversion schedule from the point of diversion
				to the place of use;
(b) a
				description of how the proposed water right will be operated, from point of
				diversion through the place of use and on through the discharge of water, if
				any;
(c) the historical and
				proposed flow rate and volume design capacity.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.20 - Salvage Water › Rule 36.12.2001 - SALVAGE WATER APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Salvage water,
				defined at
				85-2-102(20), MCA
				includes seepage, wastewater, or deep percolation water and may be used by the
				appropriator, moved to other lands, leased, or sold after implementing a water
				saving method and proving lack of adverse effect to other water
				rights.
(2) In addition to the
				rules for change applications, a salvage water application must include a
				report documenting the volume of water that is being saved by the proposed
				water saving method.
(3) For the
				purpose of implementing
				85-2-419, MCA, the destruction of
				phreatophytes is not a water saving method. For example, one cannot deforest
				the cottonwoods or other trees or brush on a source to obtain salvage
				water.
(4) Salvaged water includes
				water lost to deep percolation when the applicant provides geohydrologic
				evidence that deep percolation occurs
85-2-113,
					 85-2-302, MCA; IMP,
					 85-2-302,
					 85-2-402,
					 85-2-419,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.21 - Temporary Water Right Leasing (Repealed) › Rule 36.12.2101 - TEMPORARY LEASE OF APPROPRIATION RIGHT (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-113,
					 85-2-427,
					 MCA IMP:
					 85-2-427,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.22 - Stream Depletion Zones › Rule 36.12.2205 - RYE CREEK STREAM DEPLETION ZONE

Current through Register Vol. 13, July 5, 2024
(1) There is
				designated a Rye Creek Stream Depletion Zone. Rye Creek Stream Depletion Zone
				means an area of approximately 378.66 acres or 0.59 square miles located
				approximately ten miles southeast of the town of Darby, Montana in Ravalli
				County and is generally described as follows:
(a) Beginning approximately 0.13 miles west
				of the intersection of Dugout Gulch Road and Rye Creek Road in the SE1/4 of
				Section 26, Township 3N, Range 20W, the stream depletion zone extends 700 feet
				on either side of Rye Creek eastward to the intersection of Rye Creek and North
				Fork Rye Creek roads. From the intersection of North Fork Rye Creek and Rye
				Creek roads the stream depletion zone extends 700 feet on either side of Rye
				Creek approximately 0.63 miles east on Rye Creek Road, terminating on United
				States Forest Service property in the SE1/4 of Section 25, Township 3N, Range
				20W. Extending 700 feet on either side of the North Fork of Rye Creek the
				stream depletion zone extends approximately 1.21 miles north on North Fork Rye
				Creek Road from its intersection with Rye Creek Road to its terminus on United
				States Forest Service property in the S1/2 of Section 24, Township 3N, Range
				20W. The legal land descriptions are in the following table:
Quarter Section
Section
Township
Range
SESE
26
3 North
20 West
S1/2
25
3 North
20 West
NW
25
3 North
20 West
S1/2
24
3 North
20 West
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.50 - Adjudication Fee (Repealed) › Rule 36.12.5001 - APPEALS DEADLINE (Repealed)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 85-2-276(9),
					 MCA IMP:
					 15-1-216,
					 85-2-237,
					 85-2-270,
					 85-2-271,
					 85-2-272,
					 85-2-273,
					 85-2-276,
					 85-2-279,
					 85-2-280,
					 85-2-281,
					 85-2-282,
					 85-2-283,
					 MCA
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.13 - WATER MEASUREMENT › Subchapter 36.13.1 - General Provisions › Rule 36.13.102 - STANDING WATER MEASUREMENT ORDER - CHRONICALLY DEWATERED WATERCOURSE

Current through Register Vol. 13, July 5, 2024
(1) The owner or operator of an appropriation
				facility on a watercourse or portion of a watercourse identified as chronically
				dewatered by the department pursuant to
				85-2-150, MCA, must have a
				properly maintained suitable measuring device as part of the appropriation
				facility. The appropriation facility must also have a suitable controlling
				device to regulate the amount of water diverted from the watercourse. The
				appropriation facility must have a suitable controlling device and measuring
				device operational no later than two years after department identification of
				the watercourse or portions of the watercourse as chronically
				dewatered.
(2) If the board
				specifically finds that the installation of suitable controlling and measuring
				devices along the entire watercourse or portion of watercourse is not practical
				within the two (2) year deadline, it may establish a later deadline pursuant to
				ARM 36.13.103.
(3) Notice of an order issued under this rule
				must be pursuant to ARM
				36.13.107.
Sec.
					 85-2-113, MCA; IMP, Sec.
					 85-2-113,
					 MCA;