Montana Administrative Code

36.15.606 PERMITS FOR FLOOD CONTROL WORKS Since structural flood control works often significantly obstruct and affect floodway flow capacity, the following flood control measures shall be allowed within designated floodways subject to the issuance of a permit by the permit issui…

36.15.701 ALLOWED USES All uses allowed in the designated floodway without a permit under ARM 36.15.601 shall also be allowed without a permit in the flood fringe. In addition, individual or multiple family subsurface sewage disposal systems are allowed only when they are reviewe…

36.15.702 FLOOD PROOFING FOR RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL STRUCTURES The new construction, substantial improvement, and alteration of residential structures shall meet the following conditions: Residential structures shall be constructed on suitable fill with a permane…

36.15.703 PROHIBITED USES The following artificial obstructions and nonconforming uses are prohibited within the flood fringe: solid and hazardous waste disposal; and storage of toxic, flammable, hazardous, or explosive materials. Storage of petroleum products may be allowed by p…

36.15.801 ALLOWED USES WHERE FLOODWAY NOT DESIGNATED OR NO FLOOD ELEVATIONS For those watercourses or drainways in which there is a designated floodplain but not a designated floodway or where no flood elevations are available, all uses allowed in a designated floodway under ARM …

36.15.901 FLOOD PROOFING REQUIREMENTS FOR ELECTRICAL SYSTEMS All electrical service materials, equipment, and installation for uses permitted with or without a permit in a designated floodplain or floodway shall conform to the following conditions: All incoming power service equi…

36.15.902 FLOODPROOFING REQUIREMENTS FOR HEATING SYSTEMS Heating systems for allowed and permitted floodplain and floodway uses shall conform to the following conditions Float operated automatic control valves must be installed in supply lines to gas furnaces so that the fuel sup…

36.15.903 FLOOD PROOFING REQUIREMENTS FOR PLUMBING SYSTEMS Plumbing systems for allowed and permitted floodplain and floodway uses shall conform to the following conditions: Sewer lines, except those to buried and sealed vaults, must have check valves installed to prevent sewage …

36.16.101 POLICY AND PURPOSE OF RULES As provided by 85-2-101, MCA: "It is the policy of this state... to provide for the wise utilization, development, and conservation of the waters of the state for the maximum benefit of its people with the least possible degradation of the na…

36.16.102 DEFINITIONS Unless the context requires otherwise, in these rules: "Act" means the Montana Water Use Act, Title 85, chapter 2, parts 1 through 4, MCA. "Applicant" means an entity that has submitted an application to reserve water pursuant to 85-2-316 and 85-2-331, MCA. …

36.16.103 FORMS The necessary forms for the administration of these rules are available from the Water Resources Division of the department, P.O. Box 201601, Helena, Montana 59620-1601. The following forms must be used in the administration of these rules: Form No. 600, Applicati…

36.16.104 APPLICATIONS - GENERAL Each application for reservation of water shall be accompanied by a completed Form 610A or 610B. A fee of $1500 shall be submitted with the application. An applicant may request the department to provide assistance in preparing a reservation appli…

36.16.105 APPLICATION CONTENT - SUMMARY AND PURPOSE The summary shall identify the applicant(s) including a showing of the applicant's authority to reserve water; a map of sufficient detail to identify where the requested reservation will be applied to use; and a brief descriptio…

36.16.105A APPLICATION CONTENT - ANALYSIS OF NEED The application shall present an analysis of why the reservation is needed. The analysis shall include the following, where appropriate: a description of potential competing water uses that could consume, degrade, or otherwise aff…

36.16.105B APPLICATION CONTENT - DETERMINATION OF AMOUNT The amount of water for the reservation being sought must be expressed in terms of volume, rate, and period of use. An application shall contain an explanation of the methods and assumptions used to calculate the amount of …

36.16.105C APPLICATION CONTENT - PUBLIC INTEREST In making a showing that the reservation is in the public interest, the application shall contain the following: An analysis of the direct benefits and costs associated with applying reserved water to the proposed beneficial use. A…

36.16.106 APPLICATION CONTENT - MANAGEMENT PLANS A management plan shall accompany all reservation applications for diversionary uses. Plans for diversionary uses shall contain the technical information needed to adequately define project size and function. The plan must be accom…

36.16.107 CORRECT AND COMPLETE The department will, upon request, assist the applicant by responding to questions regarding the interpretation and requirements of these rules. The department may review draft applications prior to final submittal. The department shall provide acce…

36.16.107A ACTION ON APPLICATIONS The department may approve, deny, or condition any requested reservation subject to such terms it considers appropriate. The department may grant a reservation for less than the amount of water requested in an application, but in no case may it g…

36.16.107B ACTION ON APPLICATIONS - BOARD DECISION CRITERIA (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-316, 85-2-331, 85-2-605, MCA History: NEW, 1986 MAR p. 1584, Eff. 9/26/86; AMD, 1988 MAR p. 2396, Eff. 11/11/88; AMD, 1994 MAR p. 1297, Eff. …

36.16.108 RECORDING ORDER RESERVING WATERS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-2-113 MCA Implementing statute(s): Sec. 85-2-316, 85-2-331, 85-2-605 MCA History: NEW, Eff. 3/7/76; AMD, 1986 MAR p. 1584, Eff. 9/26/86; REP, 1994 MAR p. 1297, Eff. 5/13/94.

36.16.109 BOARD REVIEW OF RESERVATIONS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-2-113 MCA Implementing statute(s): Sec. 85-2-316 MCA History: NEW, Eff. 3/7/76; REP, 1986 MAR p. 1584, Eff. 9/26/86.

36.16.110 WATER USE UNDER A RESERVATION - RESERVANT RESPONSIBILITIES A reservant may use water in accordance with the order granting the reservation and the administrative procedures developed in ARM 36.16.106(1)(f), as approved or amended by the department. A conservation distri…

36.16.111 STATUS OF WATER RESERVATION A reservation is subject to protection under the act and is an appropriative water right protected by law. Authorizing statute(s): Sec. 85-2-113 MCA Implementing statute(s): Sec. 85-2-316, 85-2-331, 85-2-605 MCA History: NEW, 3/7/76; AMD, 198…

36.16.112 INDIVIDUAL USERS The act does not provide for the reservation of water by individuals and no reservation right may be transferred in whole or in part to persons not qualified to reserve water. However, an applicant's request for a reservation is appropriate if it is bas…

36.16.113 ENVIRONMENTAL IMPACT STATEMENT (EIS) The necessity for an EIS must be evaluated for each reservation application as required by the Montana Environmental Policy Act (Title 75, chapter 1, MCA), the Montana Water Use Act (Title 85, chapter 2, MCA), and department rules (A…

36.16.114 FEES AND COSTS As required by ARM 36.16.104, a $1500 fee must be paid to the department when filing an application for reservation of water. In addition to the $1500 fee, as required by 85-2-316, MCA, the following must be paid by the applicant, excepting the cost of de…

36.16.115 APPLICATIONS IN YELLOWSTONE RIVER BASIN (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-2-113 MCA Implementing statute(s): Sec. 85-2-316 and 85-2-605 MCA History: NEW, Eff. 3/7/76; REP, 1986 MAR p. 1584, Eff. 9/26/86.

36.16.116 APPLICABILITY (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-2-113 MCA Implementing statute(s): Sec. 85-2-316, 85-2-331 MCA History: NEW, Eff. 3/7/76; AMD, 1986 MAR p. 1584, Eff. 9/26/86; REP, 1994 MAR p. 1297, Eff. 5/13/94.

36.16.117 APPLICATIONS IN MISSOURI RIVER BASIN AND THE LITTLE MISSOURI RIVER BASIN (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-316, 85-2-331, MCA History: NEW, 1986 MAR p. 1584, Eff. 9/26/86; AMD, 1988 MAR p. 2396, Eff. 11/11/88; AMD, 1991 MAR p…

36.16.118 CHANGES AND TRANSFERS An application for change of appropriation water right shall be filed with the department pursuant to 85-2-402, MCA, by the reservant or other entity. An application for change shall include the information required under ARM 36.16.104 through 36.1…

36.16.119 REALLOCATION OF INSTREAM RESERVATIONS Except as provided in 85-20-1401, MCA, the department may: modify an existing or future order originally adopted to reserve water for the purpose of maintaining minimum flow, level, or quality of water; and reallocate the reservatio…

36.16.120 DEPARTMENT PERIODIC REVIEW OF RESERVATION OBJECTIVES Except for reservations for the purposes of maintaining a minimum flow, level, or quality of water or a reservation provided in 85-20-1401, MCA, the department shall review water reservations at least once every ten y…

36.16.121 PERMIT FOR RESERVED WATER (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-316, 85-2-331, 85-2-605, MCA History: NEW, 1994 MAR p. 1297, Eff. 5/13/94; REP, 2015 MAR p. 1909, Eff. 10/30/15.

36.16.122 NOTICE LIST FOR BOARD ACTIONS (REPEALED) Authorizing statute(s): 85-2-113, MCA Implementing statute(s): 85-2-316, 85-2-331, 85-2-605, MCA History: NEW, 1994 MAR p. 1297, Eff. 5/13/94; REP, 2015 MAR p. 1909, Eff. 10/30/15.

36.17.101 POLICY AND PURPOSE OF RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-601 and 85-1-612, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.102 DEFINITIONS (REPEALED) Authorizing statute(s): 85-1-612, MCA Implementing statute(s): 85-1-609, 85-1-610, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.103 ELIGIBILITY FOR PROGRAM (REPEALED) Authorizing statute(s): 85-1-612, MCA Implementing statute(s): 85-1-605, 85-1-606, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.201 PROCESSING AND ACTION ON PROPOSED PROJECTS OR ACTIVITIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-605, 85-1-606 and 85-1-608 through 85-1-612, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 304…

36.17.202 STATEMENT OF INTENT FOR LOANS AND GRANTS (IS HEREBY REPEALED) Authorizing statute(s): Sec 85-1-612, MCA Implementing statute(s): Sec. 85-1-608 and 85-1-612, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.203 APPLICATION CONTENT FOR LOANS AND GRANTS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-609 and 85-1-610, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.204 TECHNICAL FEASIBILITY OF PROJECTS AND ACTIVITIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-609 and 85-1-610, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.205 ECONOMIC FEASIBILITY OF PROJECTS AND ACTIVITIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-609, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.206 ENVIRONMENTAL ACCEPTABILITY OF PROJECTS AND ACTIVITIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-609, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.207 FINANCIAL FEASIBILITY FOR LOANS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-610, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.208 COMPLIANCE WITH STATUTES AND RULES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-610, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.301 SOLICITATION OF VIEWS FROM OTHER INTERESTED PARTIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec: 85-1-611, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.302 RANKING OF FEASIBLE PROJECTS OR ACTIVITIES TO DETERMINE FUNDING PRIORITIES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-606, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.303 REPORTING AND MONITORING PROCEDURES (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-612 and 85-1-616, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.

36.17.401 SERVICING OF LOANS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 85-1-612, MCA Implementing statute(s): Sec. 85-1-612, 85-1-615 and 85-1-616, MCA History: NEW, 1982 MAR p. 394, Eff. 2/26/82; REP, 1993 MAR p. 3040, Eff. 12/24/93.