Montana Administrative Code

36.12.1013 ROCK CREEK BASIN CLOSURE 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 t…

36.12.1014 WALKER CREEK BASIN CLOSURE 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 Nort…

36.12.1015 TOWHEAD GULCH BASIN CLOSURE 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 …

36.12.1016 MUSSELSHELL RIVER CLOSURE 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 fo…

36.12.1017 SHARROTT CREEK BASIN CLOSURE Sharrott Creek Basin means the Sharrott Creek drainage area, a tributary of McCalla Creek located in the Bitterroot River hydrologic basin, 76H, in Ravalli County, Montana. The Sharrott Creek Basin designated as the closure area is all that…

36.12.1018 WILLOW CREEK BASIN CLOSURE 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 orig…

36.12.1019 TRUMAN CREEK BASIN CLOSURE The Truman Creek Basin means the Truman Creek drainage area, a tributary of Ashley Creek in hydrologic basin 76LJ, in Flathead County, Montana. The Truman Creek Basin designated as the closure area is all that drainage and headwaters originat…

36.12.102 FORMS The following necessary forms for implementation of the act and these rules are available from the Department of Natural Resources and Conservation, P.O. Box 201601, Helena, Montana 59620-1601 and its Water Resources regional offices, or onthe department's website…

36.12.1020 SIXMILE CREEK BASIN CLOSURE 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 head…

36.12.1021 HOULE CREEK BASIN CLOSURE 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 an…

36.12.103 FORM AND SPECIAL FEES A filing fee, if required, shall be paid at the time the permit, change, notice of completion, extension of time request, temporary change renewal, ownership update, or petition application (hereafter singularly or collectively referred to as appli…

36.12.104 ISSUANCE OF INTERIM PERMITS Pending final approval or denial of an application for a provisional permit, the department may, in its discretion and upon proper application, issue an interim permit authorizing an applicant to begin appropriating water immediately. The dep…

36.12.105 TEMPORARY EMERGENCY APPROPRIATIONS A person may use water for a temporary emergency appropriation necessary to protect lives or property without prior approval from the department, but the appropriation must cease immediately when the water is no longer required to meet…

36.12.106 TESTING AND MONITORING (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-113, MCA History: NEW, 1993 MAR p. 1335A, Eff. 6/25/93; REP, 2018 MAR p. 451, Eff. 2/24/18.

36.12.107 FILING FEE REFUNDS An applicant may be entitled to a refund if the applicant withdraws an application prior to a correct and complete application or a deadline set by the department. If it is determined that mitigation is required for an Application for Beneficial Water…

36.12.108 PUBLIC NOTICE COSTS (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-113, 85-2-307, MCA History: NEW, 2003 MAR p. 1535, Eff. 7/18/03; REP, 2008 MAR p. 1820, Eff. 8/29/08.

36.12.109 A PRESENT VALUE FORMULA FOR DETERMINING A SEVERANCE FEE IN A PETITION TO EXCLUDE A TRACT FROM FUTURE SERVICES, ASSESSMENTS, AND LIABILITIES OF AN IRRIGATION DISTRICT The present values used in determining the severance fee pursuant to 85-7-2125.htm" target="MCA" style="…

36.12.110 LEGAL LAND DESCRIPTION STANDARDS Primary points of diversion must be described as one or more of the following: 1/4 1/4 1/4 section, section, township, range and county; lot, block, subdivision, 1/4 section, section, township, range and county; government lot,1/4 sectio…

36.12.1101 PAYMENT DATE FOR FILING OF LATE CLAIMS 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 la…

36.12.111 MAP STANDARDS Maps or aerial photographs must be included with the application and the following items must be clearly identified on the map: north arrow; scale bar; section corners and numbers; township and range numbers; allproposed points of diversion; allproposed pl…

36.12.112 PERIOD OF DIVERSION AND PERIOD OF USE STANDARDS The department will use the following standards for period of diversion and use based on the purpose of beneficial water use: domesticJanuary 1 to December 31 stockJanuary 1 to December 31 irrigation based on the climatic …

36.12.113 RESERVOIR STANDARDS An application involving a new or existing reservoir must identify the capacity of the reservoir andthe annual volume ofnet evaporation pursuant to ARM 36.12.116. The application must include information explaining how the storage reservoir will be m…

36.12.114 SOURCE NAME STANDARDS A source name must adhere to one of the following, which are shown in order of preference: USGS map; water resource survey book; or DNRC water rights database. Waste and seepage is not an accepted source name. Waste and seepage must be described as…

36.12.115 WATER USE STANDARDS A water right has several elements, one of which is the amount of water that is used for each purpose described in the right. A reasonable amount of water will vary with the type and location of the use and will depend on various circumstances such a…

36.12.116 EVAPORATION STANDARDS Net evaporation will evaluated using: Estimation of Evaporation from Shallow Ponds and Impoundments in Montana, Donald E. Potts, Miscellaneous Publication No. 48, Montana Conservation and Experiment Station School of Forestry, University of Montana…

36.12.117 OBJECTION TO APPLICATION A person objecting to a proposed application under 85-2-308, 85-2-428, or 85-2-429, MCA, must file an objection to an application on Form No. 611, Objection to Application, which can be obtained from the department, and must comply with the requ…

36.12.120 BASIN CLOSURE AREA EXCEPTIONS AND COMPLIANCE In the numerous basin closure areas in Montana, the department cannot process an application unless it qualifies as a basin closure exception. An applicant must provide a written summary of their application information expla…

36.12.1201 PURPOSE AND SCOPE 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 effe…

36.12.1202 DEFINITIONS As used in these rules, the following definitions apply: "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. "Appropriate" means to …

36.12.1203 APPLICATION TYPES 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 pr…

36.12.1204 APPLICATION FILING REQUIREMENTS 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. All appli…

36.12.1205 PROCESSING - NOTICE The BWRRO shall review each type of permit application and determine if it is correct and complete. A copy of an "incorrect and incomplete" application must be returned to the applicant with a letter explaining the deficiencies. The BWRRO letter mus…

36.12.1206 WELL LOG REPORT AND SUPPLEMENT An applicant shall provide a well log report and supplement no later than 60 days after drilling the well. All applicants, when filing a well log report and supplement, shall provide the following information: 2 ½ acre land description (¼…

36.12.1207 OBJECTIONS Objections to type "A" permit applications must comply with the following procedures: 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 pro…

36.12.1208 HEARINGS 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.…

36.12.1209 PERMIT CONDITIONS All permits issued by the department must contain at a minimum the following specific conditions: U.S. National Park Service-Montana Compact requires this right be issued in accordance with the Yellowstone controlled ground water area provisions of th…

36.12.121 AQUIFER TESTING REQUIREMENTS Aquifer testing design and procedures must follow standard procedures that are discussed in hydrogeology textbooks and professional literature. Minimum information that must be submitted with applications: amap with labeled location of produ…

36.12.1210 FILING OF PROJECT COMPLETION NOTICE Permittee shall file a project completion notice on Form No. 617 with the department pursuant to state law and Article IV of the Compact. A photograph or legible sketch of the actual flow meter installation must accompany Form No. 61…

36.12.1211 METERS Each ground water use must be metered to record the total volume of water used. 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 b…

36.12.1212 REPLACEMENT WELLS 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. Approval to replace a well or spring development may only be to chang…

36.12.122 CONTACTS If communication about a water right application filing or objection filing is to be conducted through an individual other than the applicant, the name address, and phone numbers must be supplied. If a contact person is identified as legal counsel, all communic…

36.12.123 VARIANCE REQUESTS An applicant may make a written request for a variance from the requirements of ARM 36.12.121 or 36.12.1702 to the appropriate regional office on a form provided by the department. The variance request must be: postmarked or sent electronically to the …

36.12.124 PUBLIC COMMENT ON A DRAFT PRELIMINARY DETERMINATION A person filing a public comment regarding a draft preliminary determination or an updated draft preliminary determination issued for a water right application under 85-2-307, MCA, must file the comment on Form No. 654…

36.12.1301 PERMIT AND CHANGE APPLICATION ACCEPTANCE (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-302, 85-2-310, MCA History: NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2013 MAR p. 1344, Eff. 7/26/13; AMD, 2018 …

36.12.1302 PREAPPLICATION MEETING 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. A written request f…

36.12.1303 TECHNICAL ANALYSES 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…

36.12.1304 FILING A PERMIT APPLICATION AND FORM ACCEPTANCE 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. The department will not accept a …

36.12.1305 FILING A CHANGE APPLICATION AND FORM ACCEPTANCE 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. T…

36.12.1401 PERMIT AND CHANGE APPLICATION MODIFICATION After application acceptance, an applicant may modify any element of a permit or change application prior to the department's issuance of a draft preliminary determination. Modification of an element of a permit or change appl…

36.12.1501 PERMIT AND CHANGE APPLICATION DEFICIENCY LETTER AND TERMINATION 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 ch…