Montana Administrative Code

36.26.105 VOTING If the representatives from Montana and Wyoming are unable to reach consensus with the assistance of a facilitator, a dispute may be settled by voting. The representatives from Montana and Wyoming, along with the representative appointed by the director of the US…

36.26.106 FUNDING The USGS will pay one-half and the states of Montana and Wyoming shall each pay one-quarter of the expenses of the facilitator, which shall not exceed $10,000, unless agreed to by both states and the USGS. Authorizing statute(s): 85-20-109, MCA Implementing stat…

36.26.107 AMENDMENTS These rules may be amended or revised by a unanimous vote of the commission. Authorizing statute(s): 85-20-109, MCA Implementing statute(s): 85-20-101, MCA, Article III. F. History: NEW, 1996 MAR p. 1866, Eff. 7/4/96.

36.27.101 RESOURCE DEVELOPMENT Projects will be undertaken only when, in the judgment of the department, the lessee has a record of good management of the land or shows evidence of improving the management of the land in order that maximum development can be achieved. In carrying…

36.27.201 DEFINITIONS As used in these rules, the following terms shall have the meanings indicated, except where the context otherwise requires: "Application" means a written request, submitted to the board or the department, for the purpose of acquiring an interest in lands con…

36.27.202 APPLICABILITY AND SCOPE OF RULES A state natural area may be established on any parcel of land on which sufficient interest can be acquired, by any lawful means, to an extent that the administrative jurisdiction of the board will provide for the protection of the area i…

36.27.203 DUTIES OF THE DEPARTMENT All administrative acts which are required to propose the designation of and maintain each state natural area, and a state-wide system of state natural areas, shall be the department's responsibility. The department shall make annual inspections…

36.27.204 DUTIES OF THE MANAGING ENTITY Every state natural area shall have a managing entity. The primary duties of the managing entity are as follows: to maintain the integrity of the state natural area and retain as nearly as possible all of the natural attributes of the site;…

36.27.205 MASTER PLAN There shall be a master plan for each state natural area. The master plan shall set forth in detail the responsibility for the management of an individual state natural area. Each master plan shall be reviewed by the council and the managing entity and be ap…

36.27.206 WATER AND MINERAL RIGHTS The water and mineral rights to all designated state natural areas should be held, whenever feasible, by the state of Montana to adequately protect the area. However, potential state natural areas shall not be eliminated from consideration if it…

36.27.207 PUBLIC MEETINGS Prior to the designation of a state natural area an opportunity for public comment will be afforded at public meetings held within the county of the proposed area, at a time specified by the department. All land owners and lessees directly involved in th…

36.27.208 BOARD MEETINGS There shall be at least two board meetings each year for receipt of written and oral testimony on the board's proposed designation of state natural areas. Written testimony shall be acceptable if submitted to the board one week prior to the date of the bo…

36.27.209 DESIGNATION OF A STATE NATURAL AREA The department shall propose the designation of a state natural area by submitting the articles of dedication to the board. The articles of dedication shall include, but not be limited to: a description of the characteristics which qu…

36.27.210 PUBLICATIONS At appropriate times the department, with the cooperation of the council, may publish informational brochures for the purpose of furthering public awareness and understanding of state natural areas and their preservation. Authorizing statute(s): 76-12-112, …

36.27.211 REMOVAL OF STATE NATURAL AREA DESIGNATION The classification of a state natural area, designated by the board, to an alternative status, or the reclassification of these areas in accordance with 77-1-401, MCA, shall be undertaken only with the board's approval. The requ…

36.30.101 DEFINITIONS The definitions in 85-1-102 , MCA, and the following definitions apply to this sub-chapter: "Irrigated agriculture" means the sector of the Montana economy that uses water to irrigate crops and to water stock. "Water marketing contract" means the agreement b…

36.30.102 POLICY It is the policy of the department to negotiate a water marketing contract prior to the expiration of an existing water marketing contract with the water users' association and, in the case of a public agency, to negotiate a water purchase contract with the holde…

36.30.103 NEGOTIATION Prior to the termination of a water marketing contract, or in the case of a public agency prior to termination of a water purchase contract for instream flow, the department shall enter into negotiations with the water users' association and, if applicable, …

36.30.104 COMPLIANCE WITH CHANGE AUTHORIZATION STATUTE The department shall comply with the requirements of 85-2-402 , MCA, prior to marketing water for a beneficial use at a project if stored water was not put to the proposed beneficial use prior to the effective date of this ru…

36.31.101 DEFINITIONS As used in this chapter, the following definitions apply: "Board" means the Conservation District Supervisory Board. "CARDD" means the Conservation and Resource Development Division of the Montana Department of Natural Resources and Conservation. "Committee"…

36.31.102 RANGELAND RESOURCE LOANS Applicants are eligible to apply for a loan to finance rangeland improvements to be constructed, developed, and operated in Montana according to 76-14-113, MCA. Applications must be: initiated through the local district; completed using the Rang…

36.6.101 CONDUCT OF REFERENDUM The department shall appoint an election administrator who may be the county election administrator. The election administrator shall appoint at least two election judges for each polling place. The election administrator and election judges shall t…

36.6.201 CONDUCT OF DISTRICT SUPERVISOR ELECTIONS (IS HEREBY REPEALED) Authorizing statute(s): 76-15-321, MCA Implementing statute(s): 76-15-302 through 76-15-304, MCA History: NEW, Eff. 6/4/74; REP, 1996 MAR p. 772, Eff. 3/22/96.

36.6.202 FORMS (IS HEREBY REPEALED) Authorizing statute(s): 76-15-321, MCA Implementing statute(s): 76-15-302 through 76-15-304, MCA History: NEW, Eff. 6/4/74; REP, 1996 MAR p. 772, Eff. 3/22/96.

36.7.101 DEFINITIONS (REPEALED) (REPEALED)

36.7.102 PUBLIC RECORD-CONFIDENTIALITY OF TRADE SECRETS (REPEALED) (REPEALED)