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 36.12.1202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in these rules, the following definitions
				  apply:
(1) "Application" means Form
				No. 600, Application for Beneficial Water Use Permit, submitted to the
				department by an applicant for a provisional permit to appropriate ground
				water.
(2) "Appropriate" means to
				divert, impound or withdraw a quantity of water for beneficial use.
(3) "Appropriator" means a person who has a
				legal water right to divert, impound, or withdraw a quantity of water for
				beneficial use.
(4) "Beneficial
				use" means the use of water for the benefit of the appropriator, other persons,
				or the public, including but not limited to agricultural, domestic, fish and
				wildlife, industrial, irrigation, mining, municipal, power, recreational, and
				stock uses.
(5) "Bozeman water
				resources regional office (BWRRO) " means the Montana water resources regional
				office of the department of natural resources and conservation, responsible for
				processing all applications under the Yellowstone Controlled Ground Water Area,
				Article IV of the Compact.
(6)
				"Category 3 or 4 streams" means streams with special importance as defined in
				the Compact.
(7) "Change
				application" means a Form No. 606, Application to Change a Water Right filed
				pursuant to
				85-2-402, MCA.
(8) "Compact" means the United States
				National Park Service-Montana Water Rights Compact, effective January 31, 1994
				as provided in
				85-20-401, et seq., MCA.
(9) "Correct and complete" means that the
				information required to be submitted conforms to the standard of substantial
				credible information and that all the necessary parts of the form requiring the
				information have been filled in with the required information.
(10) "Credible information or evidence" means
				evidence sufficient to support a prima facie basis for the theory
				asserted.
(11) "Department" means
				the Montana department of natural resources and conservation in Helena and
				Bozeman, Montana provided for in Title 2, chapter 15, part 33, MCA.
(12) "Developed spring" means ground water if
				some physical alteration of its natural state occurs at its point of discharge
				from the ground, such as simple excavation, cement encasement, or rock
				cribbing. An undeveloped spring is surface water if no development occurs at
				its point of discharge and the appropriation is made from the unenhanced
				natural surface flow.
(13)
				"Extension of time" means Form No. 607, Application for Extension of Time, that
				can be filed by a permittee with the BWRRO for the purpose of obtaining
				approval for additional time to complete the ground water
				development.
(14) "Ground water"
				means any water that is beneath the ground surface.
(15) "Hydrologically connected" for the
				purposes of Article IV of the Compact, means ground water that is considered to
				be connected to the hydrothermal system within the reserved land of Yellowstone
				National Park based on scientific evidence according to the procedures in
				Article IV.
(16) "Hydrothermal
				feature" means a surface manifestation of a hydrothermal system, including but
				not limited to: hot springs, geysers, mud pots, and fumaroles.
(17) "Hydrothermal system" means the ground
				water system, including cold water recharge, transmission and warm water
				discharge that is hydrologically connected to the hydrothermal features within
				the reserved land of Yellowstone National Park.
(18) "Meter" means a device provided by the
				department that must be installed and maintained by the permittee to record the
				volume of water appropriated and used by the permittee.
(19) "Montana bureau of mines and geology
				(MBM&G) " means the Montana bureau of mines and geology located at Butte,
				Montana.
(20) "National park
				service" means the U.S. department of the interior, national park
				service.
(21) "Project completion"
				means Form No. 617, Project Completion Notice for Permitted Water Development
				or Form 618, Project Completion Notice for Change of a Water Right, filed by
				permittee after completion of the ground water well or spring and beneficial
				use of the water granted under a provisional permit or changes granted under an
				authorization to change.
(22)
				"Objection" means Form No. 611, Objection to Application that may be filed with
				the department by the national park service or other persons opposing a permit
				application.
(23) "Permit" means
				the provisional permit to appropriate ground water as issued by the
				department.
(24) "Replacement well"
				means a new well to replace an old existing well with an established water
				right prior to January 31, 1994 or an issued provisional permit granted by the
				department after January 31, 1994 that is in the same source and the rate and
				volume have not increased.
(25)
				"Scientific evidence" means geologic, geophysical, geochemical and hydrologic
				information.
(26) "Specific
				conductance" means the unit of measurement of water to conduct an electrical
				current, expressed in mhos (pronounced mose) and reported in millionths of mhos
				or micromhos. Chemically pure water has a very low electrical conductance,
				meaning that it is a good insulator.Dissolved chemical constituents increase
				the conductance of water.
(27)
				"Substantial credible information" means probable, believable facts sufficient
				to support a reasonable legal theory upon which the department should proceed
				with the action requested by the person providing the information.
(28) "Supplement" means a form provided by
				the BWRRO on which additional information is recorded concerning the
				development of a well or spring as required by Article IV.
(29) "Well" means any artificial opening or
				excavation in the ground, however made, by which ground water is sought or can
				be obtained or through which it flows under natural pressures or is
				artificially withdrawn.
(30) "Well
				log report" means Form No. 603, Well Log Report, that is completed by a
				licensed water well driller or contractor, detailing required information about
				the completed well.
(31)
				"Yellowstone controlled ground water area" means the land area around
				Yellowstone national park that lies within the state of Montana and within the
				boundaries identified in Appendix 3 of the Compact or as modified pursuant to
				Article IV, section J.