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 36.12.1018 - WILLOW CREEK BASIN CLOSURE

Current through Register Vol. 13, July 5, 2024
(1) The Willow
				Creek Basin means the Willow Creek drainage area, a tributary of the Bitterroot
				River hydrologic basin, 76H, in Ravalli County, Montana. The Willow Creek Basin
				designated as the closure area is all that drainage and headwaters originating
				in the Sapphire Mountains, Township 6 North, Range 18 West, MPM and flowing
				westerly through Township 6 North, Range 19 West, to its confluence with the
				Republican Ditch, at a point in Section 4, Township 6 North, Range 20 West,
				MPM, Ravalli County, Montana. The entire Willow Creek drainage from its
				headwaters to its confluence with the Republican Ditch, including all
				tributaries, is contained in the closure area as outlined on file map page
				5.
(2) The department shall reject
				all surface water applications to appropriate water within the Willow Creek
				Basin for any diversions, including infiltration galleries, for any consumptive
				uses of water during the period from May 1 through September 30.
(3) Applications for nonconsumptive uses
				during the closure period shall be received and processed. Any permit if issued
				shall be modified or conditioned to provide that there will be no decrease in
				the source of supply, no disruption in the stream conditions, and no adverse
				effect to prior appropriators within the reach of stream between the point of
				diversion and the point of return. The applicant for a nonconsumptive use shall
				provide sufficient factual information upon which the department can determine
				the applicants ability to meet the conditions imposed by this rule.
(4) Applications for groundwater shall be
				accepted, however the applicant shall provide sufficient factual information
				upon which the department can determine whether or not the source of the
				groundwater is part of or substantially or directly connected to surface water.
				If it is found that the proposed diversion of groundwater could 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 and
				36.12.105 shall be exempt from
				this rule.
(6) This rule applies
				only to applications received by the department after the date of adoption of
				this rule.
(7) The department may,
				if it determines changed circumstances justify it, reopen the basin to
				additional appropriations and amend this rule accordingly after public notice
				and hearing.
Sec.
					 85-2-112 and
					 85-2-319, MCA; IMP, Sec.
					 85-2-319,
					 MCA;