Montana Administrative Code

36.12.233 SEVERARABILITY 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. Author…

36.12.234 REOPENING RECORD Upon motion of a party to the proceeding filed prior to issuance of a decision or final order, the record may be reopened for receipt of evidence if it is shown to the satisfaction of the hearing examiner that: the additional evidence is material; and t…

36.12.235 APPOINTMENT OF STAFF EXPERT A department staff expert may be appointed to issue a written report/opinion regarding: the subject matter and issues presented by technical aspects of the application; valid objections; and/or evidence in the contested case proceeding. A cop…

36.12.5001 APPEALS DEADLINE (REPEALED) Authorizing statute(s): 85-2-276, MCA Implementing statute(s): 15-1-216, 85-2-237, 85-2-270, 85-2-271, 85-2-272, 85-2-273, 85-2-276, 85-2-279, 85-2-280,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 History: NEW, 2006 MAR p. 767, Eff. 3/24/06; REP, 2019…

36.12.501 DEFINITIONS In addition to the definitions in 85-2-102 , MCA the following definitions apply to these rules: "Applicant" means a person who filed an application for an extension of time. "Application" means an application for an extension of time, Form No. 607. "Change …

36.12.502 FILING AN APPLICATION FOR EXTENSION OF TIME 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…

36.12.503 ACTION ON THE APPLICATION 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…

36.12.801 PURPOSE OF RULES AND SUMMARY OF NEW APPROPRIATION VERIFICATION PROCESS (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/…

36.12.802 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.803 NOTICE OF FIELD INVESTIGATION (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.804 INVESTIGATION AND DOCUMENTATION (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.805 RECOMMENDATIONS (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.806 INFORMAL CONFERENCE (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.807 REASONS FOR MODIFICATION (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.808 REASONS FOR REVOCATION (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.809 ADMINISTRATIVE HEARING AND FINAL ACTION (IS HEREBY REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-314, 85-2-315 and 85-2-402, MCA History: NEW, 1988 MAR p. 2222, Eff. 10/14/88; REP, 1999 MAR p. 2285, Eff. 10/8/99.

36.12.810 PROJECT COMPLETION NOTICE For a project completion notice filed after October 1, 2025, the appropriator must file a correct and complete project completion notice with the department on or before the deadline specified in the permit, including any order to reduce or mod…

36.12.811 PERMIT VERIFICATION The department will conduct a comparative analysis of the information provided in the project completion notice and the permit, including any reduction of modification of the permit pursuant to 85-2-313, MCA, to verify whether the appropriation was c…

36.12.812 CHANGE VERIFICATION The department will conduct a comparative analysis of the information provided in the project completion notice, all relevant information within its possession, and the change authorization to verify whether the appropriation was completed in substan…

36.12.813 VERIFICATION DECISION If, after final decree in the respective administrative basin, the department determines that an appropriation was completed in substantial accordance with a permit, including any reduction or modification of the permit pursuant to 85-2-313, MCA, o…

36.12.814 HEARING AND FINAL ACTION If a show cause hearing is requested pursuant to ARM 36.12.813, it is the appropriator’s burden to demonstrate by a preponderance of the evidence why the authorization should not be revoked or modified as provided in the verification abstract re…

36.12.905 HORSE CREEK CONTROLLED GROUNDWATER AREA 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…

36.12.906 EAST VALLEY CONTROLLED GROUNDWATER AREA 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 …

36.12.907 LOCKWOOD SOLVENT GROUNDWATER PLUME SITE CONTROLLED GROUNDWATER AREA 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 …

36.12.908 BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY’S SOMERS RAILYARD SITE CONTROLLED GROUNDWATER AREA There is designated a Burlington Northern and Santa Fe Railway Company's Somers Railyard Controlled Groundwater Area (BNSF Somers CGWA). The BNSF Somers CGWA means an are…

36.12.909 BITTERROOT VALLEY SANITARY LANDFILL CONTROLLED GROUNDWATER AREA 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 unincorpor…

36.13.101 DEFINITIONS Unless the context requires and clearly states otherwise, in these rules: "Appropriation facility" means a system including structures used to divert, impound, or withdraw water from a watercourse and convey water for a beneficial use. "Board" means the boar…

36.13.102 STANDING WATER MEASUREMENT ORDER - CHRONICALLY DEWATERED WATERCOURSE 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 mai…

36.13.103 EXTENSION OF DEADLINE FOR INSTALLATION The board may establish a deadline for acquiring and installing measuring devices beyond two (2) years from the department's identification of a chronically dewatered watercourse or portion of a watercourse for the following circum…

36.13.104 ENFORCEMENT The department may verify to the extent possible, owner compliance with the requirement for suitable controlling and measuring devices. Entry upon land to verify compliance may be made pursuant to 85-2-115, MCA. Penalties for violating, refusing, or neglecti…

36.13.105 COMPLAINTS Complaints alleging a violation of these rules or a board order shall be submitted to the board, the department, and the alleged violator in a written affidavit. The alleged violator will respond in writing to the board, the department, and the complainant wi…

36.13.106 MEASUREMENTS AND RECORDS To improve the management of a watercourse or portion of watercourse identified by the department as chronically dewatered, the owners or operators of appropriation facilities and/or the owners or operators of instream water rights which require…

36.13.107 NOTICE OF DEADLINE OR EXTENSION Upon action by the board establishing a deadline or granting an extension of time, the department shall prepare a notice containing the facts pertinent to the order and shall publish the notice once in a newspaper of general circulation i…

36.14.101 DEFINITIONS In addition to the terms defined by 85-15-105, MCA, the following definitions apply in this subchapter, unless the context requires and clearly states otherwise. "Act" means the Montana Dam Safety Act, Title 85, Chapter 15, MCA. "Breach flooded area" means t…

36.14.102 DUTIES AND AUTHORITY (REPEALED) Authorizing statute(s): 85-15-110, MCA Implementing statute(s): 85-15-106, MCA History: NEW, 1988 MAR p. 2489, Eff. 11/24/88; REP, 2012 MAR p.1844, Eff. 9/21/12.

36.14.103 EXEMPTIONS (REPEALED) Authorizing statute(s): 85-15-110, MCA Implementing statute(s): 85-15-107, MCA History: NEW, 1988 MAR p. 2489, Eff. 11/24/88; REP, 2012 MAR p.1844, Eff. 9/21/12.

36.14.104 CANCELLATION OF PERMITS Permits may be canceled by the department for cause including but not limited to the following: violation of any permit condition; failure to fully disclose all relevant facts or obtaining a permit through misrepresentation; violation of the act …

36.14.105 LIABILITY (REPEALED) Authorizing statute(s): 85-15-110, MCA Implementing statute(s): 85-15-305, MCA History: NEW, 1988 MAR p. 2489, Eff. 11/24/88; REP, 2012 MAR p.1844, Eff. 9/21/12.

36.14.201 WHO HAS TO APPLY FOR HAZARD DETERMINATION An application for hazard determination must be made by an owner proposing to construct, including new construction, alteration, repair, enlargement, or removal of, any dam or reservoir that has or could impound to the maximum n…

36.14.202 HAZARD DETERMINATION BY THE CORPS The department will automatically adopt the determination of high-hazard only for those dams classified high-hazard by the corps pursuant to P.L. 92-367. A copy of the letter or document of such determination or reference to a report by…

36.14.203 MULTIPLE DAMS A single application may be submitted for more than one dam when the dams are: for the same reservoir or in series; and would flood the same drainage if failure should occur. Authorizing statute(s): 85-15-110, MCA Implementing statute(s): 85-15-209, MCA Hi…

36.14.204 APPLICATION An application for hazard determination must be submitted to the department. An application must be made on a form provided by the department and must contain at least the following: name, address, and phone number of the owner; reservoir and dam general des…

36.14.205 APPLICATION PROCESSING PROCEDURES The department shall: notify the owner in writing within 10 days of receipt that an application has been received and advise the owner of any additional information required to complete the application; classify the hazard of the dam or…

36.14.206 CRITERIA FOR DETERMINATION The department's hazard determination shall be based on the consequences of dam failure, not the condition, probability, or risk of failure. A dam must be classified high-hazard if the impoundment capacity is 50 acre-feet or larger measured at…

36.14.207 CHANGE IN CLASSIFICATION A high-hazard dam owner may request the department to reconsider a hazard determination. A request for reconsideration must include the data and analyses necessary to show that the dam is not a high-hazard dam. The owner shall pay for reasonable…

36.14.208 DAMS IN SERIES The worst case scenario shall govern for determining the hazard classification of dams in series where more than one mode of failure is possible among the dams. Classification shall be based on potential for failure under combined and, if applicable, indi…

36.14.209 RESERVOIR CAPACITY DETERMINATION The department may calculate the reservoir capacity in acre-feet, in absence of detailed data, as 0.4 times the vertical height in feet from the downstream toe of the dam to the maximum normal operating pool times the water surface area …

36.14.301 CONSTRUCTION PERMIT APPLICATION - GENERAL REQUIREMENTS An owner who wishes to construct, alter, repair, enlarge, or remove a high-hazard dam shall apply for, and receive from the department a construction permit prior to any construction. A single application must be su…

36.14.302 DEPARTMENT INSPECTION COSTS DURING CONSTRUCTION The owner shall pay for the department's actual and necessary costs, excluding salary and travel expenses, incurred for occasional inspections during construction if a need arises from a particular circumstance to ensure a…

36.14.303 NEW CONSTRUCTION - ENGINEERING DESIGN REPORT An engineering design report for construction of a new dam must include: a summary describing: the name of the proposed dam; the name of the engineer; the mailing address of the engineer; the location of the proposed dam; the…