reglab/statecodes huggingface dataset:
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 36.12.220 - WITNESSES

Current through Register Vol. 13, July 5, 2024
(1) Any party may be a witness and may
				present witnesses at the hearing. All oral testimony at the hearing shall be
				under oath or affirmation.
(2) Upon
				the hearing examiner's motion or, upon the motion of a party, the hearing
				examiner may order that the testimony to be given upon direct examination by
				experts or other witnesses shall be prepared in advance in either question and
				answer or narrative format. Such prefiled testimony shall be served upon the
				hearing examiner and all parties at least 7 days prior to the first hearing
				date. The prefiled testimony will be part of the record in each proceeding as
				if read, but all of the witnesses whose substantive testimony is prefiled must
				be available for cross-examination at the hearing. Evidentiary objections (such
				as motions to strike) to such direct testimony may be made by any party at any
				time during the hearings conducted pursuant to these rules. At the hearing, the
				party presenting the testimony may, if they deem it appropriate, briefly
				summarize the prefiled testimony prior to the start of cross-examination.
				Nothing contained herein shall be deemed to foreclose any party from presenting
				rebuttal testimony or from presenting testimony in response to reasonably
				unforeseen areas without the necessity of prefiling.
(3) All parties shall be advised of a staff
				expert witness' findings, if any, based on any prepared written testimony filed
				by the parties pursuant to ARM
				36.12.220(2),
				site observations taken pursuant to ARM
				36.12.225, materials noticed
				pursuant to ARM
				36.12.221(4) and
				ARM 36.12.228(1) (b),
				or testimony or other documents introduced during the proceeding. A staff
				expert witness' deposition may be taken by any party and the expert may be
				called to testify by any party and/or by the hearing examiner. The expert
				witness shall be subject to cross-examination by all parties. Nothing in this
				rule shall prevent any of the parties from producing other expert evidence on
				the same fact or matter to which the testimony of the staff expert witness
				appointed by the hearing examiner relates.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-611 and
					 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 36.12.221 - RULES OF EVIDENCE

Current through Register Vol. 13, July 5, 2024
(1) The common law
				and statutory rules of evidence shall apply only upon stipulation of all
				parties to the hearing. Otherwise, the hearing examiner may admit all evidence
				that possesses probative value, including hearsay if it is the type of evidence
				commonly relied upon by reasonably prudent persons in the conduct of their
				affairs. The hearing examiner shall give effect to the rules of privilege
				recognized by law. Evidence which is irrelevant, immaterial, or unduly
				repetitious may be excluded.
(2)
				The department file shall be deemed part of the record in its entirety unless
				objections are made to a specific portion thereof upon review by the parties.
				If the objection is sustained, that portion of the file will not be made a part
				of the record. All other evidence to be considered in the case, including all
				records and documents in the possession of a party (or a true and accurate
				photocopy thereof), shall be offered and made a part of the record in the case.
				No other factual information or evidence shall be considered in the
				determination of the case.
(3)
				Documentary evidence in the form of copies or excerpts may be received or
				incorporated by reference. Upon request, parties shall be given an opportunity
				to compare copies with the originals.
(4) The hearing examiner may take notice of
				judicially cognizable facts and generally recognized technical or scientific
				facts within the department's specialized knowledge. Parties shall be notified,
				either before or during the hearing or by reference in the proposal for
				decision of the material noticed. Each party shall be afforded an opportunity
				to contest the materials so noticed.
(5) A party may call an adverse witness who
				may be a party's managing agent or employees, or an officer, director, managing
				agent, or employee of the state or any political subdivision thereof, or of a
				public or private corporation or of a partnership or association or body
				politic which is an adverse party, and interrogate the adverse witness by
				leading questions and contradict and impeach the adverse witness on material
				matters in all respects as if the adverse witness had been called by the
				adverse party. The adverse witness may be examined by counsel for the adverse
				witness upon the subject matter of the examination in chief under the rules
				applicable to direct examination, and may be cross-examined, contradicted, and
				impeached by any other party adversely affected by the adverse witness'
				testimony.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-612 and
					 85-2-121,
					 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 36.12.222 - CONTINUANCES

Current through Register Vol. 13, July 5, 2024
(1) A motion for continuance of a hearing
				shall be made pursuant to the requirements of ARM
				36.12.213.
(2) A motion for continuance filed not less
				than 10 days prior to the hearing may be granted upon showing of good
				cause.
(3) A motion for continuance
				filed less than 10 days prior to the hearing shall be denied unless good cause
				exists and the reason for the request could not have been ascertained earlier
				and cannot be avoided.
(4) "Good
				cause" for purposes of this rule includes but is not limited to:
(a) death or incapacitating illness of a
				party or member of a party's immediate family or attorney of a party or witness
				to an essential fact;
(b) a court
				order requiring a continuance;
(c)
				lack of proper notice of the hearing;
(d) a substitution of the attorney of a party
				if the substitution is shown to be required;
(e) unavailability of counsel due to
				engagement in court or another administrative proceeding provided counsel
				submits copies of documents requiring counsel's presence at said
				proceeding;
(f) a change in the
				parties or pleading requiring postponement;
(g) unavailability of a party or a witness to
				an essential fact for serious and compelling reasons where the conflict could
				not be anticipated and cannot be avoided; or
(h) agreement for a continuance by all
				parties upon a showing that:
(i) more time is
				clearly necessary to complete discovery authorized pursuant to ARM
				36.12.215(3) or
				other mandatory preparation for the case, and the parties have agreed to a new
				hearing date; or
(ii) the parties
				have agreed to a settlement of the case; or
(iii) all the parties have agreed to a new
				hearing date and the agreed upon date is convenient for 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 36.12.223 - HEARING PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Unless the
				hearing examiner determines otherwise a contested case hearing shall be
				conducted substantially in the following manner:
(a) The hearing examiner shall open the
				hearing and provide a statement that explains or identifies:
(i) the subject matter of the hearing and
				issues presented;
(ii) the
				procedures to be followed at hearing including the sequence for presenting
				evidence and argument;
(iii) any
				exhibits or evidence entered into the record by stipulation of the
				parties;
(iv) the burden of proof
				for each party;
(v) the hearing is
				the time and place for each party to present argument, evidence, and
				cross-examine witnesses;
(vi) the
				common law and statutory rules of evidence do not apply;
(vii) the hearing examiner's discretion to
				make determinations regarding admissibility of evidence; and
(viii) such other matters as the hearing
				examiner considers appropriate.
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 36.12.224 - DISRUPTION OF HEARING

Current through Register Vol. 13, July 5, 2024
(1) It is the duty
				of the hearing examiner to conduct a fair and impartial hearing and to maintain
				order. All parties to the hearing, their counsel and any other persons present
				shall conduct themselves in a respectful manner. Any disregard by parties or
				their attorneys of the rulings of the hearing examiner on matters of order and
				procedure may be noted on the record. If the applicant is responsible for
				disrespectful, disruptive, or disorderly conduct which interferes with the
				proper and orderly holding of the hearing, the hearing examiner may recess or
				continue the hearing. If a party or person other than the applicant is
				disrespectful, disorderly or disruptive, the hearing examiner may bar that
				party or person from the proceeding and may strike all evidence presented by
				that party or person if the applicant's case is not prejudiced by the absence
				of the offending party or person. Before taking action under this rule, the
				hearing examiner shall first read this rule to those parties or attorneys
				causing such interference or disruption.
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 36.12.225 - SITE VISIT

Current through Register Vol. 13, July 5, 2024
(1) Upon the
				hearing examiner's motion or upon the motion of any party, a site visit to the
				lands involved in the proceeding may be made at any time during the proceeding.
				The hearing examiner may enter upon lands to view proposed works, sources of
				water, location of proposed uses, construction of works and such other views
				that are deemed relevant by the hearing examiner to gain a proper understanding
				of the issues involved in the proceeding. Before making any site visit, the
				hearing examiner shall give the parties at least 5 days written notice to
				participate, unless the motion is made during a hearing and then oral notice on
				the record shall be sufficient. During the final decision-making process, the
				final decision-makers may, upon their own motion or upon the motion of any
				party, make a site visit of the lands involved in the proceeding provided that
				the parties are given written notice as stated above.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 85-2-115,
					 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 36.12.226 - THE RECORD

Current through Register Vol. 13, July 5, 2024
(1) The hearing
				examiner shall maintain the official record in each contested case until the
				issuance of the final order.
(2)
				The record in a contested case shall contain:
(a) all pleading, motions and intermediate
				rulings;
(b) all evidence received
				or considered, including a verbatim record of oral proceedings;
(c) a statement of matters officially
				noticed;
(d) questions and offers
				of proof, objections and rulings thereon;
(e) proposed findings and
				exceptions;
(f) any decision,
				opinion or report by the hearing examiner; and
(g) the department file and all staff
				memoranda or data submitted to the hearing examiner as evidence in connection
				with the case. (Note substantially the same as MCA
				2-4-614.)
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 36.12.227 - VERBATIM RECORD

Current through Register Vol. 13, July 5, 2024
(1) The verbatim
				record consisting of tape recordings of the contested case hearing shall be
				transcribed if requested by the hearing examiner. If a petition for judicial
				review is filed and a party to the proceeding elects to have a written
				transcription prepared as part of the record of the administrative hearing for
				certification to the reviewing district court, the requesting party must make
				arrangements with the department for ordering and payment of preparation cost
				of a written transcript. If no request is made the department will transmit a
				copy of the tape(s) of the proceedings to the district court. Any party may
				request copies of the tape recordings and shall pay the charge set by the
				board. All monies received for copies of the tapes shall be payable to the
				department and shall be deposited in the department's water right appropriation
				account in the state treasury.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-614,
					 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 36.12.228 - THE DECISION

Current through Register Vol. 13, July 5, 2024
(1) The hearing
				record shall be the basis for the decision.
(a) No factual information or evidence which
				is not a part of the record shall be considered by the hearing examiner in the
				preparation of the decision.
(b)
				The hearing examiner may take official notice of judicially cognizable facts
				and generally recognized technical or scientific facts within the department's
				specialized knowledge, in conformance with the requirements of MCA §
										2-4-612(6).
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 36.12.229 - EXCEPTIONS TO THE HEARING EXAMINER'S PROPOSAL FOR DECISION AND THE FINAL DECISION-MAKING PROCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 85-2-113,
					 MCA; IMP,
					 2-4-621,
					 2-4-622,
					 2-4-623,
					 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 36.12.230 - EX PARTE COMMUNICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Except as
				provided in (2) no party or representative of a party shall communicate, in
				connection with any issue of law or fact in a pending contested case, with any
				person serving as a hearing examiner or as a final decision-maker without
				notice and opportunity for all parties to participate in the communication. The
				prohibitions of this subsection shall apply beginning at the time at which a
				contested case is noticed for hearing and shall continue until a final order
				has been issued unless the person responsible for the communication has
				knowledge that it will be noticed, in which case the prohibitions shall apply
				beginning at the time of that person's acquisition of such knowledge.
(2) A hearing examiner or a final
				decision-maker may respond to questions of any party or representative of a
				party if it relates solely to procedures to be followed during the pendency of
				the contested case. A communication made for this purpose is not an ex parte
				communication.
(3) A hearing
				examiner or final decision-maker who receives a communication prohibited by (1)
				shall decline to listen to such communication and shall explain that the matter
				is pending for determination, and that the hearing examiner may not listen to
				information or allegation when other parties are not present to respond. If
				unsuccessful in preventing such communication, the recipient shall advise the
				communicator that the hearing examiner will not consider the communication and
				that the other parties will be notified of it. The recipient shall then place
				on the record of the pending matter any written communications received (other
				than those allowed pursuant to (2) or a memorandum stating the substance of all
				oral communications received and all responses made and the identity of each
				person from whom the recipient received an ex parte communication. The
				recipient shall then notify all parties of the communication and its substance
				either orally on the record at the contested case hearing or, if no hearing is
				held, in a written memorandum. The recipient shall inform the parties that the
				substance of the communication is not part of the record in the pending matter,
				and will not be used as a basis for any part of the decision made
				therein.
(4) Upon receipt of a
				communication knowingly made in violation of (1), a hearing examiner or final
				decision-maker may require, to the extent consistent with the interests of
				justice and the policy of underlying statutes, the communicator to show cause
				why the communicator's claim, objection or interest in the contested case
				should not be dismissed, denied, disregarded, or otherwise adversely affected
				on account of such violation.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-613,
					 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 36.12.231 - REHEARING

Current through Register Vol. 13, July 5, 2024
(1) A rehearing proceeding is expressly
				prohibited under these rules, except as otherwise required under
				2-4-703,
				2-4-621 and
				2-4-622, MCA.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-703,
					 2-4-621, and
					 2-4-622,
					 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 36.12.232 - EMERGENCY PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Nothing
				contained in these rules is intended to preempt, repeal or be in conflict with
				any rule or statute which provides for acts by the department in an emergency
				or procedure for conduct by the department in such a situation.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 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 36.12.233 - SEVERARABILITY

Current through Register Vol. 13, July 5, 2024
(1) If any provision of these rules is held
				invalid, such invalidity shall not affect any other provisions of the rules
				which can be given effect without the invalid provision, and to this end the
				provisions of these rules are declared to be severable.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 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 36.12.234 - REOPENING RECORD

Current through Register Vol. 13, July 5, 2024
(1) Upon motion of
				a party to the proceeding filed prior to issue of a final order, the record may
				be reopened for receipt of evidence. Such motion must be received by the
				hearing examiner within 15 days after the issuance of the proposal for
				decision. Additional evidence may be received only if it is shown to the
				satisfaction of the hearing examiner to be material and there were good reasons
				for the failure to present it in the hearing.
Sec.
					 2-4-201(2) and
					 85-2-113(2), MCA;
					 IMP, Sec. 2-4-703,
					 2-4-621, and
					 2-4-622,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.5 - Extensions of Time for Permit and Change Authorizations › Rule 36.12.501 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions in
				  85-2-102, MCA the following
				  definitions apply to these rules:
(1)
				"Applicant" means a person who filed an application for an extension of
				time.
(2) "Application" means an
				application for an extension of time, Form No. 607.
(3) "Change authorization" means an
				authorization to change the point of diversion, place of use, purpose of use,
				or place of storage of an existing water right issued by the department
				pursuant to Title 85, chapter 2, MCA.
(4) "Project completion due date" means the
				date on the permit, change authorization or an authorized extension when the
				project completion notice is to be received by the department. The postmark on
				the envelope, if the notice is mailed, must be on or before the project
				completion due date.
85-2-312(3), MCA;
					 IMP, 85-2-312(3),
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.5 - Extensions of Time for Permit and Change Authorizations › Rule 36.12.502 - FILING AN APPLICATION FOR EXTENSION OF TIME

Current through Register Vol. 13, July 5, 2024
(1) When an appropriator cannot complete the
				project under a permit or change authorization by the project completion due
				date specified, an application for extension of time may be filed. The
				application must be postmarked by the project completion due date.
(2) A complete application must include the
				following:
(a) name, mailing address, and
				telephone number of applicant;
(b)
				identification number of the permit or change authorization;
(c) project completion due date;
(d) a chronological narrative describing how
				the applicant has diligently worked to complete the project, and a description
				of the work completed on the project prior to the deadline date;
(e) the reasons the project was not completed
				as scheduled which must include a discussion of how the information provided
				prior to the issuance of the permit or change authorization has changed
				concerning the following:
(i) the cost of the
				project;
(ii) the magnitude of the
				project;
(iii) the engineering of
				the project;
(iv) the physical
				features encountered during development of the project;
(v) the time line for completion of the
				project.
(f) a notarized
				signature; and
(g) the required
				filing fee.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.5 - Extensions of Time for Permit and Change Authorizations › Rule 36.12.503 - ACTION ON THE APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Upon receipt of
				a timely application, the department will determine whether to grant or deny
				the extension based on the applicant's diligence in attempting to complete the
				project and the reasons which prevented project completion as documented in the
				application for extension of time. The department may gather additional
				information from the applicant and conduct a field investigation.
(2) When the department determines the
				applicant has proceeded with diligence and has established that the reasons
				stated in the application justify an extension based on a consideration of the
				cost and magnitude of the project, the engineering and physical features
				encountered during development of the project, and the time reasonably
				necessary for the project, an extension shall be granted. The extension of time
				must state the new project completion due date and any conditions to ensure
				completion.
(3) When the department
				determines there has been no diligence and a lack of good cause for the
				extension, the application must be denied. The department shall notify the
				applicant of its decision and reasons, and shall provide the applicant
				opportunity to be heard. An applicant must request a hearing in writing, within
				30 days after the date of the notice. When an applicant requests a hearing, it
				shall be the applicant's burden to show cause why the application should not be
				denied.
85-2-312, MCA; IMP,
					 85-2-312,
					 85-2-314,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.801 - PURPOSE OF RULES AND SUMMARY OF NEW APPROPRIATION VERIFICATION PROCESS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.802 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.803 - NOTICE OF FIELD INVESTIGATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.804 - INVESTIGATION AND DOCUMENTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.805 - RECOMMENDATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.806 - INFORMAL CONFERENCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.807 - REASONS FOR MODIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.808 - REASONS FOR REVOCATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.8 - New Appropriation Verification Procedures › Rule 36.12.809 - ADMINISTRATIVE HEARING AND FINAL ACTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
85-2-113, MCA; IMP,
					 85-2-314,
					 85-2-315 and
					 85-2-402,
					 MCA;
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.9 - Controlled Groundwater Areas › Rule 36.12.905 - HORSE CREEK CONTROLLED GROUNDWATER AREA

Current through Register Vol. 13, July 5, 2024
(1)
				There is designated a Horse Creek Controlled Groundwater Area. Horse Creek
				Controlled Groundwater Area (HCCGWA) means an area of approximately 7995 acres
				or 12 square miles located southwest of Absarokee, Montana, and is generally
				described as follows:
(a) beginning at
				intersection of highway S-420 and Lower Grove Creek Road, proceeding southwest
				along Lower Grove Creek Road to intersection with Grove Creek Road, following
				Grove Creek Road to bridge over Fishtail Creek, following Fishtail Creek to
				confluence with West Rosebud Creek, following West Rosebud Creek to
				Ross-Flannigan Ditch diversion, following Ross-Flannigan Ditch to intermittent
				tributary to West Rosebud Creek in section 11, following intermittent tributary
				to its confluence with West Rosebud Creek, following West Rosebud Creek to
				bridge at highway S-420, following S-420 to starting point;
(b) a map of the area within the HCCGWA is
				posted on the department's website.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.9 - Controlled Groundwater Areas › Rule 36.12.906 - EAST VALLEY CONTROLLED GROUNDWATER AREA

Current through Register Vol. 13, July 5, 2024
(1) There is
				designated an East Valley Controlled Groundwater Area for purposes of water
				quality. East Valley Controlled Groundwater Area (EVCGWA) means an area of
				approximately 1,924 acres or three square miles located in and around East
				Helena, Montana, consisting of two zones and is generally described as follows:
(a) Zone 1 beginning at the southeast corner
				of the NESE Section 36 T10N R3W, proceeding north along the section line and
				Montana Avenue to the alley north of the intersection of King Street and
				Montana Avenue, then proceeding west to Prickly Pear Creek passing just north
				of the East Helena Pool, then proceeding northwest along Prickly Pear Creek to
				the southeast corner of the NWSE of Section 23 T10N R3W, then proceeding north
				to the Helena Valley Irrigation Canal, then following the canal southwest to
				the intersection with the western edge of the SWNE of Section 23 T10N R3W, then
				proceeding south to the southeast corner of the SENW of Section 26 T10N R3W,
				then proceeding east, then south along the edge of the Seaver Park subdivision
				to Highway 12, then east along Highway 12 to the edge of section 26, then south
				to Smelter Road, then following Smelter Road approximately 135 yards southeast
				to a private driveway and the north edge of Section 36, then proceeding west to
				the northwest corner of Section 36, then proceeding south to the southwest
				corner of the NWSW of Section 36 T10N R3W, then proceeding east to the starting
				point.
(i) Within the lateral boundaries
				described in (1)(a), there exists vertical boundaries south of the section line
				between Sections 23 and 26 T10N R3W from the top of the water table to a depth
				of 200 feet and north of the section line between Sections 23 and 26 T10N R3W
				from the top of the water table to a depth of 300 feet; and
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.9 - Controlled Groundwater Areas › Rule 36.12.907 - LOCKWOOD SOLVENT GROUNDWATER PLUME SITE CONTROLLED GROUNDWATER AREA

Current through Register Vol. 13, July 5, 2024
(1) There is designated a Lockwood Solvent
				Groundwater Plume Site Controlled Groundwater Area (LSGPS CGWA). The LSGPS CGWA
				means an area of approximately 331 acres located east of Billings, Montana, and
				is generally described as follows:
(a) The
				LSGPS CGWA covers an area approximately 0.52 square miles and is generally
				located south and east of the Yellowstone River at Lockwood, Montana, between
				Rosebud Lane to the south, the Yellowstone River to the north and west, and
				Maier Road on the east (the east Section line of Sections 26 and 35, T1N,
				R26E). The boundaries are wholly within: N2N2 Section 35, T1N, R26E; S2 Section
				26, T1N, R26E; and S2N2 Section 26, T1N, R26E.
(b) A map of the area within the LSGPS CGWA
				described in (1)(a) is posted at
http://dnrc.mt.gov/divisions/water/water-rights/controlled-ground-water-areas/lockwood
.
Administrative Rules of Montana › Department 36 - NATURAL RESOURCES AND CONSERVATION › Chapter 36.12 - WATER RIGHTS BUREAU › Subchapter 36.12.9 - Controlled Groundwater Areas › Rule 36.12.909 - BITTERROOT VALLEY SANITARY LANDFILL CONTROLLED GROUNDWATER AREA

Current through Register Vol. 13, July 5, 2024
(1) There is designated a Bitterroot Valley
				Sanitary Landfill Controlled Groundwater Area (BVSL CGWA). The BVSL CGWA is an
				area of approximately 80 acres located approximately 0.80 miles south of the
				unincorporated town of Victor, Montana, and is generally described as follows:
(a) The BVSL CGWA includes the Bitterroot
				Valley Sanitary Landfill historic waste disposal pit (Facility) and the
				designated area where hazardous or deleterious substances exceed Montana
				Numeric Water Quality Standards, or the pumping of groundwater may induce
				contaminant migration. The area includes 80 acres located within the following
				legal description: S1/2S1/2 Section 31 T8N R20W; N1/2N1/2NW1/4 Section 6 T7N
				R20W.
(b) A map of the area within
				the BVSL CGWA described in (1)(a) is posted on the department's
				website.
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 36.12.1010 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For the purposes of these rules, the following definitions
				  shall apply:
(1) "Application" means
				an application for beneficial water use permit, form no. 600, or application
				for provisional permit for completed stockwater pit or reservoir, form no.
				605.
(2) "Consumptive use" means a
				use of water which removes water from the source of supply, such that the
				quality or quantity is reduced or the timing of return delayed, making it
				unusable or unavailable for use by others.
(3) "Department" means the department of
				natural RESOURCES AND CONSERVATION.
(4) "Infiltration gallery" means a collection
				system consisting of one or more perforated pipes, culverts, or screens, placed
				horizontally beneath the streambed or vertically adjacent to the streambed, by
				which surface water is appropriated.
(5) "Nonconsumptive use" means a beneficial
				use of water which does not cause a reduction in the source of supply, and
				where substantially all of the diverted water returns to the source of supply
				with little or no delay and without adverse effect to the quality of
				water.
(6) "Supplemental
				irrigation" means additional water provided to lands which are already
				irrigated or to lands which will receive water through another water
				right.
(7) "Surface water" means
				all water at the surface of the ground including any river, stream, creek,
				ravine, coulee, undeveloped spring, or lake, regardless of its character or
				manner of occurrence, including but not limited to, diffused surface water,
				sewage effluent, waste water, and return flows and any subsurface water which
				is a part of the surface flows.
Sec.
					 85-2-112, 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 36.12.1011 - GRANT CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Grant Creek
				Basin means the Grant Creek drainage area, a tributary of the Clark Fork River,
				located in hydrologic basin 76M in Missoula County, Montana. The Grant Creek
				Basin designated as the closure area is all that drainage and head waters
				originating in the Rattlesnake Mountains of Township 15 North, Range 19 West,
				MPM, flowing southwesterly through Township 14 North, Range 19 West, MPM and
				into the main valley of the Clark Fork River in Township 13 North, Ranges 19
				and 20 West, MPM. The entire Grant Creek drainage, from its headwaters to its
				confluence with the Clark Fork River, including Grant Creek, East Fork of Grant
				Creek, and all unnamed tributaries is contained in the closure area, as
				outlined on Exhibit "A" (a copy of which is available for review from the
				department).
(2) The department
				shall reject applications for surface water permits within the Grant Creek
				Basin for any diversions, including infiltration galleries, for consumptive
				uses during the period from July 1 through September 30.
(3) Permits 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) These rules apply to all surface water
				within the Grant Creek Basin.
(5)
				Any application for a storage facility to impound water only outside the period
				from July 1 through September 30, and from which water could subsequently be
				used during any portion of the year, is exempt from these rules. Permit
				applications for storage, except applications for provisional permits for
				completed stockwater pits or reservoirs, form 605, will be received and
				processed. All form 605 permit applications will be rejected.
(6) Emergency appropriations of water as
				defined in ARM
				36.12.101(6) and
				36.12.105 shall be exempt from
				these rules.
(7) These rules apply
				only to applications received by the department after the date of adoption of
				these rules.
(8) 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,
					 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 36.12.1012 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 85-2-112,
					 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 36.12.1013 - ROCK CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Rock Creek
				Basin means the Rock Creek drainage area located in hydrologic Basin 43D, a
				tributary of the Clarks Fork of the Yellowstone River in Carbon County,
				Montana. The entire Rock Creek drainage, from its headwaters to its confluence
				with the Clarks Fork of the Yellowstone, including Red Lodge Creek, Spring
				Creek, Dry Creek, Willow Creek, Clear Creek, West Fork of Rock Creek, and all
				unnamed tributaries is contained in the closure area, as outlined on Exhibit
				"A" (a copy of which is available for review from the department).
(2) The department shall reject applications
				for surface water permits within the Rock Creek Basin for any diversions for
				consumptive uses, including infiltration galleries, during the period from June
				1 through September 30.
(3) Permits
				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) These rules apply to all surface water
				within the Rock Creek Basin.
(5)
				Any applications which would utilize a storage facility to impound water only
				outside the period from June 1 through September 30, and from which water could
				subsequently be used during any portion of the year, is exempt from these
				rules. Permit applications for storage, except applications for provisional
				permits for completed stockwater pits or reservoirs, form no. 605, will be
				received and processed. All form no. 605 permit applications will be
				rejected.
(6) Emergency
				appropriations of water as defined in ARM
				36.12.101(6) and
				36.12.105 shall be exempt from
				these rules.
(7) These rules apply
				only to applications received by the department after the date of adoption of
				these rules.
(8) 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, 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 36.12.1014 - WALKER CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Walker Creek
				Basin means the Walker Creek drainage area, located in hydrologic Basin 76LJ, a
				tributary of the Whitefish River in Flathead County, Montana. The entire Walker
				Creek drainage, from its headwaters in Section 10 of Township 31 North, Range
				21 West, MPM to its confluence with the Whitefish River in Section 8 of
				Township 30 North, Range 21 West, MPM including all unnamed tributaries is
				contained in the closure area.
(2)
				The department shall reject consumptive use applications for surface water
				permits within the Walker Creek Basin for any development, including
				infiltration galleries within 50 feet of Walker Creek or any of its
				tributaries, requesting to appropriate water or use water during the period
				July 1 through March 31.
(3)
				Permits for nonconsumptive uses during the closure period shall be modified or
				conditioned such 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
				affect to prior appropriators within the reach of stream between the point of
				diversion and the point of return. Any permit for a nonconsumptive use shall
				include at a minimum the following conditions:
(a) All nonconsumptive water uses shall be
				constructed such that the inflow and outflow can be measured.
(b) One set of inflow and outflow
				measurements shall be taken during both July and August in the first full year
				of operation. The permittee shall keep a written record of the flow rate,
				method of measurement, place of measurement, and date of measurement, and shall
				submit said records by November 30th to the Water Rights Bureau Field Office,
				P.O. Box 860, Kalispell, MT 59903.
(c) All ponds or other storage facilities
				shall be filled during spring runoff or before June 1st of each year, which
				ever occurs first.
(d) All ponds or
				other storage facilities shall be designed according to U.S. soil conservation
				service specifications or designed by a registered engineer to minimize
				seepage.
(e) All nonconsumptive
				water uses which do not utilize the natural stream channel shall be constructed
				such that water is conveyed to the use and returned to the stream by pipe to
				minimize loss due to seepage.
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 36.12.1015 - TOWHEAD GULCH BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) Towhead Gulch
				basin means the Towhead Gulch drainage area, a tributary of the Missouri River
				at Upper Holter Lake, located in hydrologic basin 41I in Lewis and Clark
				County, Montana. The entire Towhead Gulch drainage, from its headwaters in
				Section 33, Township 14 north, Range 3 west, MPM to its confluence with the
				Missouri River, including Beartooth Creek, and all unnamed tributaries are
				contained in the closure area. Excluded from the basin closure are Rattlesnake
				Gulch, McLeod Gulch, and their unnamed tributaries.
(2) The department shall reject applications
				for surface water permits in Towhead Gulch, Beartooth Creek, and their unnamed
				tributaries for any diversions, including infiltration galleries, for
				consumptive uses during any time of the year.
(3) Applications for nonconsumptive purposes
				shall be received and processed. Any permit granted for nonconsumptive uses
				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,
					 85-2-319, MCA; IMP, Sec.
					 85-2-319,
					 MCA;