In addition to definitions provided for in 85-2-102, MCA, and unless the context requires otherwise, to aid in the implementation of the Montana Water Use Act and as used in these rules:

(1) "Act" means the Montana Water Use Act, Title 85, chapter 2, parts, 1 through 4, MCA.

(2) "Amount" refers to both a flow rate in gallons per minute (GPM), or cubic feet per second (CFS), and a volume of water in acre-feet (AF).

(3) "Animal unit (AU)" means a measurement of livestock numbers:

(a) one beef cow = 1 AU

(b) one dairy cow = 1.5 AU

(c) one horse = 1.5 AU

(d) three pigs = 1 AU

(e) five sheep = 1 AU

(f) 300 chickens = 1 AU

(4) "Applicant" means the "person", as defined in 85-2-102, MCA, who files a permit or change application with the department.

(5) "Application" for purposes of ARM 36.12.120 through 36.12.122, 36.12.1301, 36.12.1401, 36.12.1501, and 36.12.1601 means an application for beneficial water use permit, Form No. 600, or an application to change a water right, Form No. 606.

(a) For the purposes of ARM 36.12.117 "application" means an application filed under 85-2-302, 85-2-316, 85-2-402, 85-2-407, and 85-2-408, MCA.

(6) "Associated right" means multiple water rights filed by the same or different appropriators that share the same point of diversion, place of use, or place of storage.

(7) "Basin closure area" means a hydrologic drainage basin area within which applications for certain water use permits cannot be accepted. Basin closure areas can be designated by statute, administrative rule, or in compacts.

(8) "Certificate of survey number" means the official number given a parcel of land created by a registered land survey as filed with the county clerk and recorder.

(9) "CFS" means a flow rate of water in cubic feet per second and is equivalent to 448.8 gallons per minute. Applications for a flow rate of less than one CFS will be converted to gallons per minute.

(10) "Change authorization" or "change" means an approval by the department to make a change in appropriation right as defined by 85-2-102, MCA, and allowed by 85-2-402, MCA.

(11) "Claim" means a statement of claim filed pursuant to 85-2-221, MCA, for a water right established prior to July 1, 1973.

(12) "Combined appropriation" means an appropriation of water from the same source aquifer by two or more groundwater developments, the purpose of which, in the department's judgment, could have been accomplished by a single appropriation. Groundwater developments need not be physically connected nor have a common distribution system to be considered a "combined appropriation." They can be separate developed springs or wells to separate parts of a project or development. Such wells and springs need not be developed simultaneously. They can be developed gradually or in increments. The amount of water appropriated from the entire project or development from these groundwater developments in the same source aquifer is the "combined appropriation."

(13) "Cone of depression" means a cone-shaped depression of water table or pressure surface developing around a pumping well.

(14) "Consumptive use" means the annual volume of water used for a beneficial purpose, such as water transpired by growing vegetation, evaporated from soils or water surfaces, or incorporated into products that does not return to ground or surface water.

(15) "Contested case" means a proceeding before the department in which a determination of legal rights, duties, or privileges of a party is required to be made after an opportunity for hearing pursuant to Title 2, chapter 4, part 6, MCA. A contested case includes, but is not limited to: a proceeding and hearing on an objection to application pursuant to 85-2-309, MCA; a show cause proceeding and hearing involving revocation or modification of a permit or change in appropriation right pursuant to 85-2-314, MCA; and a show cause proceeding conducted following a preliminary determination to deny or preliminary determination to grant with modifications pursuant to 85-2-310, MCA.

(16) "Controlled groundwater area" means an area that has additional management controls applied to new groundwater uses pursuant to 85-2-506 through 85-2-508, MCA.

(17) "Dam" means an artificial barrier created by man-made means designed to form a basin to hold water and create a pond or reservoir.

(18) "Deep percolation" means water that percolates below the root zone and infiltrates a deeper aquifer that is not used by other appropriators or connected to a surface water source.

(19) "Director" means the director of the department or the director's designee.

(20) "Domestic use" means those water uses common to a household including:

(a) food preparation;

(b) washing;

(c) drinking;

(d) bathing;

(e) waste disposal;

(f) cooling and heating; and

(g) garden and landscaping irrigation up to five acres.

(21) "Drainage device" means a mechanism capable of draining or releasing substantially the full capacity of a reservoir.

(22) "Element" means the factors which describe a water right including, but not limited to:

(a) the priority date;

(b) source of supply;

(c) point of diversion;

(d) means of diversion;

(e) period of diversion;

(f) flow rate;

(g) volume;

(h) acreage;

(i) purpose;

(j) place of use;

(k) period of use;

(l) storage capacity; and

(m) storage location.

(23) "Evapotranspiration" means the loss of water from the soil both by evaporation and by transpiration from living plants.

(24) "Flow rate" is a measurement of the rate at which water flows or is diverted, impounded, or withdrawn from the source of supply for beneficial use, and commonly measured in cubic feet per second (CFS) or gallons per minute (GPM).

(25) "General abstract" means a department-generated document that reflects certain water right elements from the department's database.

(26) "GPM" means a flow rate of water in gallons per minute.

(27) "Hearing examiner" means the person or persons assigned by the director to hear the contested case.

(28) "Household" means the dwelling, house, or other domestic facilities where an individual, family, or social unit lives.

(29) "Hydraulically connected" means a saturated water-bearing zone or aquifer in contact with surface water or other water-bearing zone where rate of exchange of water between the two sources depends on the water level of the water-bearing zone or aquifer.

(30) "Hydrologic system" means the overall movement of water, including snow and ice, above, on, or below the earth's surface.

(31) "Irrigation use" means the controlled application of water to land to supply water requirements not satisfied by rainfall.

(32) "Means of diversion" means the type of structures, facilities, or methods used to appropriate, impound, or collect water. 

(33) "Median year" means that water flow would be at the 50th percentile. Half of the years would have had higher flows and the other half would have had lower flows.

(34) "Multiple domestic use" means a domestic use by more than one household or dwelling characterized by long-term occupancy as opposed to guests. 

(35) "Net depletion" for the purposes of 85-2-360, MCA, means the calculated volume, rate, timing, and location of reductions to surface water resulting from a proposed groundwater appropriation that is not offset by the corresponding accretions to surface water by water that is not consumed and subsequently returns to the surface water.

(36) "Notice area" means a geographic area determined by the department which may include water rights affected by an application.

(37) "Off-stream reservoir" means a reservoir that is not located on the source of supply and is supplied with water from a diversion means such as a pipe, headgate and ditch, or other means.

(38) "On-stream reservoir" means a reservoir that is located on the source of supply.

(39) "Owner of record" means a person who, according to the department's records, is the current owner of a water right.

(40) "Ownership update" means the updating of the department's water right ownership records by the filing of an ownership update form, Form No. 608, pursuant to 85-2-421 through 85-2-426, MCA. The department's form does not transfer water rights or legally determine water right ownership. It only updates the department's centralized ownership records as reflected by the legal documents that actually transfer water rights.

(41) "Party" means an applicant, objector, petitioner, respondent, or other person named, admitted, or entitled to a contested case hearing pursuant to Title 85, chapter 2, parts 3 and 4, MCA.

(42) "Period of diversion" means the period in a calendar year when water is diverted, impounded, or withdrawn from the source of supply. It is described by the earliest month and day and the latest month and day water is diverted during each year.

(43) "Period of use" means the period in a calendar year when water is used for specified beneficial use. It is described as the earliest month and day and the latest month and day the water is beneficially used during each year.

(44) "Place of use (POU)" means the land, facility, or site where water is beneficially used.

(45) "Point of diversion (POD)" means the location or locations where water is diverted from the source of supply.

(46) "Pit, pit-dam, or pond" means a body of water that is created by man-made means, which stores water for beneficial use.

(47) "Place of storage" means a reservoir, pit, pit-dam, or pond.

(48) "Potentially affected area" for the purposes of 85-2-361, MCA, means, as referred to in basin closure rules and in the context of a hydrogeologic assessment, the area or estimated area where groundwater will be affected by a proposed project. The identified area is not required to exceed the boundaries of the drainage subdivisions established by the Office of Water Data Coordination, United States Geological Survey, and used by the Water Court, unless the applicant chooses to expand the boundaries.

(49) "Possessory interest" means the right to exert some interest or form of control over specific land. It is the legal right to possess or use property by virtue of an interest created in the property, though it need not be accompanied by fee title, such as the right of a tenant, easement holder, or lessee.

(50) "Primary diversion" means the initial point from which a diversion means will remove or impound water from the source of supply.

(51) "Priority date" means the clock time, day, month, and year assigned to a water right application or notice upon department acceptance of the application or notice. The priority date determines the ranking among water rights.

(52) "Proceeding" means all events in a contested case following issuance of a hearing notice and appointment of hearing examiner, including prehearing conferences, hearings, interlocutory orders, and the decision of the hearing examiner on the merits.

(53) "Recreational use" includes but is not limited to swimming, boating, water sports, and fishing.

(54) "Reservoir" means a pond, pit, or pit-dam, created by man-made means that impounds and stores water.

(55) "Return flow" means that part of a diverted flow which is applied to irrigated land and is not consumed and returns underground to its original source or another source of water, and to which other water users are entitled to a continuation of, as part of their water right. Return flow is not wastewater. Rather, it is irrigation water seeping back to a stream after it has gone underground to perform its nutritional function. Return flow results from use and not from water carried on the surface in ditches and returned to the stream.

(56) "Secondary diversion" means a diversion that is not from the source of supply but is a diversion that is used after the water is diverted from the source of supply at the primary diversion. For example, a pump in a ditch or reservoir is a secondary diversion.

(57) "Seepage water" means that part of a diverted flow which is not consumptively used and which slowly seeps underground and eventually returns to a surface or groundwater source, and which other water users can appropriate, but have no legal right to its continuance. Typical examples of seepage water include underground losses from an irrigation ditch or pond.

(58) "Senior water right" means a water right with a priority date that is earlier in time than another water right.

(59) "Service" or "serve" means personal service or service by first class United States mail, postage prepaid and addressed to a person's last known address. Proof of service shall be made by the person making such service. Service by mail is complete upon the placing of the item to be served in the mail. Agencies of the state of Montana may also serve by depositing the item to be served with the mail and distribution section, General Services Division, Department of Administration.

(60) "Show cause" means a contested case before the department in which a person aggrieved by a proposed action of the department is given the opportunity to present evidence and testimony to show why the proposed action should not be taken. A show cause proceeding conducted following a preliminary determination to deny or preliminary determination to grant with modifications pursuant to 85-2-310, MCA, shall be conducted as an informal contested case proceeding pursuant to 2-4-604, MCA.

(61) "Source aquifer" means the specific groundwater source from which water is diverted for a beneficial use.

(62) "Source of supply" means the specific surface or groundwater source from which water is diverted for a beneficial use.

(63) "Spring" means a hydrologic occurrence of water involving the natural flow of water originating from beneath the land surface and arising to the surface of the ground. A developed spring is groundwater 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 waters flowing on the surface of the ground.

(64) "Staff" means a person employed or retained by the department.

(65) "Stock use" means the use of water for livestock, including but not limited to cattle, horses, pigs, sheep, llamas, and animals owned and controlled on game farms. It does not include domestic animals such as dogs and cats or wild animals.

(66) "Supplemental rights" means separate water rights for the same purpose, owned by the same water user, and used on overlapping places of use.

(67) "Surface water" means all water of the state at the surface of the ground, including but not limited to any river, stream, creek, ravine, coulee, undeveloped spring, lake, and other natural surface source of water regardless of its character or manner of occurrence.

(68) "Temporary authorization or temporary change" means an authorization to change granted pursuant to 85-2-407 and 85-2-408, MCA, for a specific period of time and with an automatic expiration date.

(69) "Temporary emergency appropriation" means the temporary beneficial use of water necessary to protect lives or property by reason of fire, storm, earthquake or other disaster, or unforeseen combination of circumstances which call for immediate action. An appropriation made necessary due to drought conditions is not a temporary emergency appropriation.

(70) "Transitory diversion" means a movable diversion that will divert water from several nonspecific points along a source of supply.

(71) "Tributary" means the following:

(a) a surface water source feeding another surface water source; or

(b) groundwater hydraulically connected to a surface water source.

(72) "Unnamed tributary" means a surface water stream, coulee, or draw, which is not named on a United States Geological Survey (USGS) or Water Resources Survey (WRS) map.

(73) "Use of water for the benefit of the appropriator" means:

(a) the amount of water reasonably needed for the intended purpose;

(b) the amount of water needed for conveyance to the intended purpose; and

(c) water used for instream flow.

(74) "Volume" means the acre-feet of water per year. Twelve acre-inches or 325,851 gallons are equal to one acre-foot.

(75) "Wastewater" means that part of a diverted flow which is not consumptively used and which returns as surface water to any surface water source, and which other water users can appropriate, but have no legal right to its continuance. A typical example is an irrigator who turns into the individual furrows traversing the irrigator's field from the head ditch more water than can seep into the ground. The water that stays on the surface and is not absorbed into the earth and which remains at the end of the furrow and is collected in a wastewater ditch is wastewater.

(76) "Water flow estimating technique" means a mathematical method of estimating flow generally accepted by the department. This may be accomplished by correlating measurements of diversion system components with actual water use to estimate flow rate or volume of water used. An example is the use of measurements of power consumed by a pump to estimate the amount of water delivered by a pump. Another flow estimating technique would be to apply specific formulas developed by professional hydrologists based on climatic, basin, or stream channel characteristics to estimate stream flow.

(77) "Water measuring device" means equipment that directly measures water flow in open or closed channels and conduits. Examples would be flow meters, weirs, flumes, and bucket and stop watch.

(78) "Water Resources Survey (WRS)" means a survey by county of water resources and water rights in Montana by the former State Engineer's Office or Water Resources Board, predecessors of the department.

(79) "Water saving method" means a change to the actual water use system or management of water use in which the modification being made would decrease the amount of water needed to accomplish the same result. Water saving methods might include:

(a) changing from a ditch conveyance to a pipeline;

(b) lining an earthen ditch with concrete or plastic; and

(c) changing management of a water system to decrease water consumption.

(80) "Zone of influence" means the horizontal extent of the cone of depression.

(1) 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 on the department's website. The department may revise as necessary the following forms to improve the administration of these rules and the applicable water laws:

(a) Form No. 600P, "Permit Preapplication Meeting"; 

(b) Form No. 600, "Application for Beneficial Water Use Permit," which must be submitted when an applicant desires to use surface water or groundwater that does not meet an exception to permit requirements under 85-2-306, MCA;

(c) Form No. 602, "Notice of Completion of Groundwater Development," which must be submitted for groundwater developments with a maximum use of 35 GPM or less, not to exceed ten acre-feet per year;

(d) Form No. 603, "Well Log Report";

(e) Form No. 605, "Application for Provisional Permit for Completed Stockwater Pit or Reservoir", which must be submitted for a pit or reservoir with a maximum capacity of less than 15 acre-feet and a total appropriation of less than 30 acre-feet per year;

(f) Form No. 606P, "Change Preapplication Meeting";

(g) Form No. 606, "Application to Change a Water Right";

(h) Form No. 607, "Application for Extension of Time";

(i) Form No. 608, "Water Right Ownership Update";

(j) Form No. 611, "Objection to Application";

(k) Form No. 613, "Fee Schedule for Water Use in Montana";

(l) Form No. 617, "Project Completion Notice for Permitted Water Development";

(m) Form No. 618, "Project Completion Notice for Change of a Water Right";

(n) Form No. 625, "Water Right Correction";

(o) Form No. 626, "Application to Renew a Temporary Water Right Change";

(p) Form No. 630, "Controlled Groundwater Area Petition";

(q) Form No. 631, "Petition for Closure of a Highly Appropriated Basin";

(r) Form No. 633, "Aquifer Test Data Form";

(s) Form No. 634, "Replacement Well Notice," which must be submitted for municipal wells that do not exceed 450 GPM, or for all other wells that do not exceed 35 GPM and ten acre-feet per year;

(t) Form No. 635, "Redundant Well Construction Notice", which must be submitted for redundant wells in a public water supply system as defined by 75-6-102, MCA;

(u) Form No. 636, "Petition to Subordinate a State Water Reservation";

(v) Form No. 637, "Reinstatement Request", which must be submitted to reinstate a permit or change authorization;

(w) Form No. 638, "Water Reservation Application for Instream Flow", which must be submitted for instream flow water reservation applications allowed under the United States of America, Department of Agriculture, Forest Service-Montana Compact, Article VI, section B;

(x) Form No. 639, "Waiver of Statutory Timelines";

(y) Form No. 640, "Certification of Water Right Ownership Update", which must be completed and submitted to the county clerk and recorder with a Realty Transfer Certificate when a water right is being divided or exempted (reserved) from the property;

(z) Form No. 641, "DNRC Ownership Update, Divided Interest", which must be submitted for a water right that will be divided;

(aa) Form No. 642, "DNRC Ownership Update, Split and Sever of a Water Right," where a portion of the water right place of use is severed;

(ab) Form No. 643, "DNRC Ownership Update, Severed Water Right," which must be submitted where a water right will be severed from the entire place of use;

(ac) Form No. 644, "Notice of Replacement Point of Diversion", which must be submitted for replacement of surface water points of diversion under 85-2-402(18), MCA;

(ad) Form No. 645, "Permit Registration for Groundwater Use within the National Park Service Compact Area," which must be submitted for groundwater developments with a maximum use of 35 GPM or less, not to exceed ten acre-feet per year;

(ae) Form No. 646, "Geothermal Heating/Cooling Notice of Completion," which must be submitted for groundwater developments for a geothermal purpose with a maximum use of 350 GPM;

(af) Form No. 647, "Notice of Completion of Emergency Fire Protection Development", which must be submitted for groundwater developments by local governmental fire agencies organized under Title 7, chapter 33, MCA, for emergency fire protection;

(ag) Form No. 651, "Petition to Modify a Permit or Change Authorization";

(ah) Form No. 652, "Petition for Stream Depletion Zone";

(ai)  Form No. 653, "Variance Request," which must be submitted for variance requests in ARM 36.12.123;

(aj)  Form No. 654, "Public Comment," which must be submitted for public comment under 85-2-307(4), MCA; and

(1) 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 application) is filed with the department.

(a) The department will not process any application without the proper filing fee.

(b) Failure to submit the proper filing fee within 30 days after notice shall result in a determination that the application is not correct and complete and it shall be terminated.

(2) The department will assess the following filing fees:

(a) For an Application for Beneficial Water Use Permit, Form No. 600, filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, or in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, or a controlled groundwater area pursuant to 85-2-506, MCA, or filed under a compact pursuant to Title 85, chapter 20, MCA, for all surface water, or a groundwater appropriation of greater than 35 gallons per minute, there shall be a fee of $2900. If the application meets the requirements for a preapplication meeting under ARM 36.12.1302, the fee shall be $1600;

(b) For an Application for Beneficial Water Use Permit, Form No. 600, filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, or in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, or a controlled groundwater area pursuant to 85-2-506, MCA, or filed under a compact pursuant to Title 85, chapter 20, MCA, for a groundwater appropriation of 35 gallons per minute or less, there shall be a fee of $400;

(c) For an Application for Beneficial Water Use Permit, Form No. 600, not filed pursuant to 85-2-330, 85-2-336, 85-2-341, 85-2-343, or 85-2-344, MCA, nor in an administratively closed basin pursuant to 85-2-319, 85-2-321, or 85-2-322, MCA, nor a controlled groundwater area pursuant to 85-2-506, MCA, nor filed under a compact pursuant to Title 85, chapter 20, MCA, for all surface water, or a groundwater appropriation of greater than 35 gallons per minute there shall be a fee of $2500. If the application meets the requirements for a preapplication meeting under ARM 36.12.1302, the fee shall be $1200;

(d) $250 for a Notice of Completion of Groundwater Development, Form No. 602, filed for groundwater developments with a maximum use of 35 GPM or less, not to exceed ten acre-feet per year;

(e) $250 for an Application for Provisional Permit for Completed Stockwater Pit or Reservoir, Form No. 605, filed for a pit or reservoir with a maximum capacity less than 15 acre-feet;

(f) $2500 for an Application to Change a Water Right, Form No. 606, except for an application that meets the requirements for a preapplication meeting under ARM 36.12.1302, where there shall be a $1500 fee;

(g) $400 for an Application to Change a Water Right, Form No. 606 in the following instances:

(i) if the change application concerns a replacement well greater than 35 GPM or ten acre-feet, or a municipal well that exceeds 450 GPM, or replacement reservoir located on the same source; or

(ii) if the change application concerns only moving or adding stock tanks to an existing system;

(h) $400 for an Application for Extension of Time, Form No. 607;

(i) $100, plus $20 for each water right transferred after the first water right, for a Water Right Ownership Update, Form No. 608. The total amount shall not exceed $600;

(j) $50 for an Objection to Application, Form No. 611;

(k) $400 for an Application to Renew a Temporary Water Right Change, Form No. 626;

(l) $3000 for a Controlled Groundwater Area Petition, Form No. 630. The petitioner shall also pay:

(i) publication costs of the proposed rules in the Montana Administrative Register;

(ii) photocopy and postage costs for copying and mailing the Administrative Rule Proposal Notice and appointment of the hearing examiner to all land owners and water right owners located within the proposed boundaries and other persons as required by 85-2-319, MCA;

(iii) photocopy and postage costs for copying and mailing the Notice of Adoption and other documents as needed;

(iv) newspaper publication of the Notice of Rulemaking Hearing;

(v) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and

(vi) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-319, MCA, except the cost of salaries of the department personnel;

(m) $3000 for a Petition for Closure of a Highly Appropriated Basin, Form No. 631. The petitioner shall also pay:

(i) publication costs of the proposed rules in the Montana Administrative Register;

(ii) photocopy and postage costs for copying and mailing the Administrative Rule Proposal Notice and appointment of the hearing examiner to all land owners and water right owners located within the proposed boundaries and other persons as required by 85-2-319, MCA;

(iii) photocopy and postage costs for copying and mailing the Notice of Adoption and other documents as needed;

(iv) newspaper publication of the Notice of Rulemaking Hearing;

(v) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner; and

(vi) other costs of holding the hearing, conducting investigations or studies, and making records pursuant to 85-2-319, MCA, except the cost of salaries of the department personnel;

(n) $150 for a Replacement Well Notice, Form No. 634;

(o) $200 for a Redundant Well Construction Notice, Form No. 635;

(p) $1000 for a Reinstatement Request, Form No. 637;

(q) $1600 for a Water Reservation Application for Instream Flow, Form No. 638. The applicant shall also pay:

(i) photocopy and postage costs for copying and mailing the appointment of the hearing examiner and notice of hearing;

(ii) photocopy and postage costs for copying and mailing the hearing examiner's proposal for decision, final order, and other orders as needed;

(iii) newspaper publication of the notice of hearing and orders as required by statute and the hearing examiner; and

(iv) actual rental costs for the hearing location and required sound equipment as determined by the hearing examiner;

(r) $150 for each divided water right on Form No. 641, DNRC Ownership Update, Divided Interest;

(s) $150 for each exempted water right on Form No. 642, DNRC Ownership Update, Split and Sever of a Water Right;

(t) $50 for each severed water right for Form No. 643, DNRC Ownership Update, Severed Water Right;

(u) $400 for Form No. 644, Notice of Replacement Point of Diversion;

(v) $400 for Form No. 645, Permit Registration for Groundwater Use Within the National Park Service Compact Area;

(w) $400 for Form No. 646, Geothermal Heating/Cooling Notice of Completion;

(x) $125 for Form No. 647, Notice of Completion of Emergency Fire Protection Development;

(y) $800 for Form No. 651, Petition to Modify a Permit or Change Authorization;

(z) $1500 for Form No. 652, Petition for Stream Depletion Zone;

(aa)  $500 for Form No. 600P, Permit Preapplication Meeting.  This fee will be credited to the filing fee of Form No. 600 for preapplication meetings that meet the requirements of ARM 36.12.1302; and

(ab)  $500 for Form No. 606P, Change Preapplication Meeting.  This fee will be credited to the filing fee of Form No. 606 for preapplication meetings that meet the requirements of ARM 36.12.1302.

(3) There shall be no fees charged for filing the following forms:

(a) Form No. 617, Project Completion Notice of Permitted Water Development;

(b) Form No. 618, Project Completion Notice for Change of a Water Right;

(c) Form No. 625, Correction to a Water Right;

(d) Form No. 633, Aquifer Test Data Form;

(e) Form No. 636, Petition to Subordinate a State Water Reservation;

(f) Form No. 639, Waiver of Timelines;

(g) Form No. 640, Certification of Water Right Ownership Update;

(h) Form No. 653, Variance Request;

(i) Form No. 654, Public Comment; and

(j) Form No. 655, Application Amendment Form.

(4) The department will charge special service fees not to exceed reasonable amounts, including, but not limited to the following:

(a) costs associated with contracting for professional hearings officer services;

(b) costs for computer data reports; and

(c) reasonable public information access fees including copies, blueprints or tracings, audio copies of a hearing, and other requests as per department public information policy.

(a) The department may issue an interim permit, unless there is substantial information available to the department that the criteria for issuing a provisional permit under 85-2-311 , MCA, cannot be met.

(b) An interim permit may be issued subject to any terms and conditions the department considers necessary to protect the rights of prior appropriators. Violation of a term or condition shall automatically void an interim permit.

(2) The issuance of an interim permit does not entitle an applicant to a provisional permit, and approval of the application for a provisional permit is subject to the procedures and criteria set out in the act.

(3) A person may not obtain any vested right to an appropriation obtained under an interim permit by virtue of the construction of diversion works, purchase of equipment to apply water, planting of crops, or other action where the provisional permit is denied or is modified from the terms of the interim permit.

(1) 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 the emergency.

(2) A person may use water for temporary emergency fire training without prior approval of the department. A person who uses water for temporary emergency fire training must publish notice of the proposed use of water once in a newspaper of general circulation in the area of the diversion or mail notice to each potentially affected appropriator in the area of the proposed point of diversion 30 days prior to the planned appropriation.

(a) The notice must include:

(i) the name and address of the person conducting the training;

(ii) the purpose for which the water is being used;

(iii) the source of water being appropriated;

(iv) the starting and ending date of the proposed use of water;

(v) the point of diversion;

(vi) the proposed place of use; and

(vii) the diversion flow rate and volume of water to be used during the period of use.

(b) A copy of the published notice or the individual notice must be provided to the department at least two days prior to the use of water.

(c) The duration of a temporary emergency appropriation for fire training may not exceed seven consecutive or nonconsecutive days per year.

(3) A temporary emergency appropriation does not include the use of water for the ordinary operation and maintenance of any trade or business.

This rule has been repealed.

(1) 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. 

(2) If it is determined that mitigation is required for an Application for Beneficial Water Use Permit and the applicant does not have a mitigation plan the applicant may withdraw the application prior to the department's issuance of a Preliminary Determination Decision.

(a) No refund will be authorized.

(b) If the permit application is resubmitted with a mitigation plan within two years of the withdrawal of the original application, the original application fee amount will be applied to the new application fee amount.

(3) No refund will be authorized upon termination of an application due to an applicant's failure to provide additional information necessary to make an application correct and complete within the deadlines provided by the department.

(4) No refund will be authorized once the department has sent the applicant a deficiency letter.

(5) If a deficiency letter is not sent, no refund will be authorized once the public notice of the application has been initiated.

(6) If an applicant inadvertently files the wrong form, the applicant may apply the fee paid to the fee required for the correct form, pay the difference due, or be entitled to a refund if overpayment is made.

(7) If a water right application is withdrawn within 30 days after the objection deadline, the Objection to Application filing fee will be refunded.

(8) A refund of the Objection to Application filing fee will not be authorized if a person objecting to a proposed application under 85-2-308, MCA, does not correct the deficiencies identified in the Objection Deficiency Notice by the deadline specified in the notice.

(9) With the exception of (6), a refund of the Objection to Application filing fee will not be authorized.

This rule has been repealed.

�

(1) The present values used in determining the severance fee pursuant to 85-7-2125, MCA, shall be calculated as follows:

(a) The present value of debt to be included in the severance fee shall be equal to the existing irrigation district debt apportioned to the petitioned tract.

(b) Future operation and maintenance costs are assumed to be based on the average of the operation and maintenance costs for the three most recent years before severance and are assumed to change annually over the 20-year period at a rate equal to the average annual change in the consumer price index (CPI-U) for the most recent ten years before severance.

(2) The formula for calculating the average annual change in the CPI-U is:

, where v₀ is the CPI-U index value for the most recent December before severance, and v_0-10 is the December index value ten years prior to v₀.

(3) The present value formula for operation and maintenance costs is available through most spreadsheet programs and is specified as follows:

, where n = 20 years, OM_i is the estimated cost of operation and maintenance for each year and r is equal to the average yield for ten-year treasury notes for the most recent ten-year period before severance.

(1) Primary points of diversion must be described as one or more of the following:

(a) 1/41/41/4 section, section, township, range and county;

(b) lot, block, subdivision, 1/4 section, section, township, range and county;

(c) government lot, 1/4 section, section, township, range, and county;

(d) certificate of survey number with a lot number, if present, 1/4 section, section, township, range, and county; or

(e) latitude/longitude coordinates and the geodetic reference system used to collect the coordinates.

(2) The point of diversion legal description of an on-stream reservoir must be described as the point where the dam or pit crosses the source of supply.

(3) Transitory diversions must be described as the most upstream diversion point the most downstream diversion point. 

(4) If secondary diversions are described, they must be identified as "secondary" and meet one of the description standards in (1).

(5) The legal land description for the place of use must be listed to the nearest concise legal land description. 

(1) Maps or aerial photographs must be included with the application and the following items must be clearly identified on the map:

(a) north arrow;

(b) scale bar;

(c) section corners and numbers;

(d) township and range numbers;

(e) all proposed points of diversion;

(f) all proposed places of use;

(g) proposed reservoir locations, if applicable;

(h) proposed conveyance facilities; and

(i) date the aerial photograph was taken, if available.

(2) Additional maps must be submitted if the information on one map cannot convey the required information clearly.

(3) For change applications, in addition to the information required to be mapped in (1), the following items must be clearly identified on the map: 

(a)  all past points of diversion;

(b)  all past places of use;

(c)  all past reservoir locations, if applicable; and

(d)  all past locations of conveyance facilities.

(1) The department will use the following standards for period of diversion and use based on the purpose of beneficial water use:

(a) domestic                                                                                        January 1 to December 31

(b) stock                                                                                               January 1 to December 31

(c) irrigation based on the climatic area designated by the USDA Natural Resources and Conservation Service (NRCS) which is generally as follows:

(i) climatic area I                                                                           March 15 to November 15

(ii) climatic area II                                                                         April 1 to October 31

(iii) climatic area III                                                                       April 15 to October 15

(iv) climatic area IV                                                                      April 20 to October 10

(v) climatic area V                                                                        April 25 to October 5

(vi) climatic area VI                                                                      April 25 to October 5 

(2) Applications for diversions into a storage reservoir for later use must include the period of diversion for when water will be diverted into the reservoir and the period of use when water will be used from the reservoir.

(3) Period of use for purposes other than domestic, stock, or irrigation must be explained and documented based on the operation of the project.

(4)  Deviations from the period of use standards listed in (1) must be explained and documented based on the operation of the project.

(1) An application involving a new or existing reservoir must identify the capacity of the reservoir and�the annual volume of�net evaporation pursuant to ARM 36.12.116.

(2) The application must include information explaining how the storage reservoir will be managed to satisfy senior water rights. Senior water users are not entitled to water that has been legally stored.

(3) If applicable, preliminary design specifications for a reservoir�s primary and emergency spillways must be included.

(4) If a reservoir is located off-stream:

(a) the conveyance means to and from the reservoir must be identified; and

(b) any losses that may occur with the means of conveyance must be calculated and identified.

(5) For on-stream reservoirs, no flow rate is required. If a flow rate is requested for an on-stream reservoir, documentation must show why a flow rate is needed and reasonable.

(6) Place of storage does not include:

(a) reservoirs, pits, pit-dams, or ponds with a capacity of less than 0.10 acre-feet;

(b) the use of a temporary or permanent diversion structure within a canal or ditch designed to raise water surface elevation for primary diversions or to direct flows to a secondary conveyance facility; or

(c) water tanks or cisterns that are a part of a water system are not considered storage reservoirs and a water right application is not needed to add a water storage tank or cistern as long as the flow rate and volume of a water right is not being increased.

(7) If the application is for a reservoir for which the above standards are not applicable, the applicant must explain the reason why the standard is not applicable.

�

(a) USGS map;

(b) water resource survey book; or

(c) DNRC water rights database.

(2) Waste and seepage is not an accepted source name. Waste and seepage must be described as an unnamed tributary (UT) to the next named source into which the UT flows.

(1) 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 as:

(a) soil conditions;

(b) method of conveyance;

(c) topography;

(d) climate;

(e) system efficiency; or

(f) other conditions affecting the particular use.

(2) The department will use the following standards when reviewing notices or applications for new uses of water:

(a) for domestic use, for one household, 1.0 acre-foot per year of water for year-round use;

(b) for lawn, garden, shrubbery, and shelterbelts, 2.5 acre-feet per acre per year;

(c) for stockwater, a consumptive use of 15 gallons per day or .017 acre-foot per year per animal unit. Animal unit equivalencies for water consumption are set out in ARM 36.12.101 and the water conversion table, Form No. 615;

(d) fire protection water needs shall be determined by the type of equipment used, diversion rate, the size of the area to be covered, the frequency of the water use and must be explained and documented.

(e) For irrigation, the following table applies:

¹ The irrigation climatic areas are identified in the 1986 Irrigation Climatic Areas of Montana map. Climatic area I is high consumptive use, climatic area II is moderately high consumptive use, climatic area III is moderate consumptive use, climatic area IV is moderately low consumptive use, and climatic area V is low consumptive use.

(3) A permit is required when a reservoir is proposed to include fire protection purposes and the volume of water reasonably needed for fire protection must be explained and must reference reliable industry sources.

(4) For fire protection reservoirs located within a basin closure area, evaporation losses must be made up from nontributary water sources or addressed in a mitigation plan.

(5) The flow rate and volume of water for any uses not listed in this rule must be calculated, explained, and documented based on the beneficial use and operation of the project.

(6) Deviations outside the standards will require information supporting the requested amount.

(1) Net evaporation will evaluated using:

(a) 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, Missoula, March 1988;

(b) Evaporation Pond Design for Agricultural Wastewater Disposal, USDA Soil Conservation Service, Montana Technical Note: Environment No. 7, February 1974; or

(c) other department-approved methods. 

(2) If the applicant proposes to deviate from the acceptable standards in (1), the applicant will be required to provide additional information supporting the volume requested for net evaporation.

(3) The department will determine the acceptability of other net evaporation estimates on a case-by-case basis.

(1)  A person objecting to a proposed application under 85-2-308, 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 requirements set forth in this rule.

(2)  A separate Objection to Application must be filed for each water right application.

(3)  Persons owning separate water rights must each file an Objection to Application form.  For example, if person A owns a water right and B owns a different water right and both want to file an objection to the same application, owner A and owner B must each file a separate Objection to Application form.

(4)  Co-owners (owners of a water right that is not split between the owners) of an undivided water right may file one Objection to Application form.

(5)  Each objector who wants to participate in the department's contested case hearing must sign the Objection to Application form.

(6)  An Objection to Application is timely if the postmark date on the form is on or before the objection deadline stated in the public notice of the application.  A fax of the Objection to Application form will be accepted, provided the original Objection to Application form is postmarked or hand-delivered timely.  Electronic mail (e-mail) submissions of the Objection to Application will not be accepted.

(7)  An Objection to Application filed with the department before an application has been published will not be accepted and will be returned.

(8)  Upon receipt of an Objection to Application or response to an Objection Deficiency Notice, the department will place the envelope postmark date on the form.  If the postmark date is not legible, the department will assign the date as two days prior to the department's receipt of the objection form.  An objector is solely responsible for ensuring timeliness, a legible postmark, and filing of the objections.

(9)  An Objection to Application is correct and complete if it includes the following legible information:

(a)  filing fee;

(b)  objector's name and mailing address;

(c)  name of the water right applicant;

(d)  water right application number;

(e)  if an objector is claiming the objector's water right will be adversely affected if the application were granted, the objector must provide the department-assigned water right number.  If the water right was exempt from the statewide water right filing requirements and is not on record with the department, the objector must provide the following information:

(i)  date of first use;

(ii)  source;

(iii)  means of diversion;

(iv)  type of use (stock or domestic);

(v)  the flow rate and volume of water used;

(vi)  the point of diversion; and

(f) facts indicating that the application does not meet one or more of the applicable criteria set forth in 85-2-302, 85-2-311, 85-2-316, 85-2-402, 85-2-407, or 85-2-408, MCA. The facts provided must specifically describe why or how one or more of the criteria are not met;

(g) facts explaining how the person has standing to object.  To have standing, a person must have property, water rights, or other interests that would be adversely affected were the application to be granted.  The objection must describe how the person's property, water rights, or interests will be adversely affected if the water right application were granted;

(h) if an objector is claiming adverse effect to instream flow water rights for fish, wildlife, and recreation, the objector must:

(i) describe the reach or portion of the reach of the stream or river subject to the instream flow water right and the beneficial use that is adversely affected;

(ii) identify the point or points where the instream flow water right is measured and monitored; and

(i) signature of the objector or the objector's legal representative. If a representative of the objector other than objector's attorney signs the Objection to Application affidavit, the representative shall state the relationship of the representative to the objector and provide documentation demonstrating the authenticity of that relationship.

(10) An objection that is deemed correct and complete and valid pursuant to 85-2-308(3) and (6), MCA, may proceed to an administrative hearing. The administrative hearing will be limited to the criteria objected to in the objection. An objector may participate in the administrative hearing only on the criteria to which the objector specifically objected and which is determined valid by the department.

(11) The department will mail notice to the objector of the Objection to Application of any deficiencies in the objection. The objector must address the information requested in the Objection Deficiency Notice and must have the response postmarked or hand delivered to the department within 15 business days from the date on the Objection Deficiency Notice. E-mail submissions of a response will be accepted.

(12) If the objector does not correct the deficiencies as determined by the department by the deadline, the objection will be terminated without further notice.

(13) The department will document a valid objection by completing an objection validity form.

(14) The department will determine on which criteria the objector has filed a valid objection.

(15) An objection may be withdrawn at any time in writing. A party withdrawing an objection will not be considered a party by the department to any hearing that may be held by the department.

(16) An applicant is not required to meet a water quality criterion when a valid water quality objection is not raised or is withdrawn.

(17) Private agreements between applicants and objectors which provide for the withdrawal of objections and include conditions that must be met by an applicant or objector may not be recognized by the department or included in a granted application. The department will only place a condition on a granted application if the department determines the condition is necessary to meet the application criteria.

(1) In the numerous basin closure areas in Montana, the department cannot process an application unless it qualifies as a basin closure exception.

(2) An applicant must provide a written summary of their application information explaining how their application meets the basin closure exceptions and why their application located in a basin closure area can be processed.

(3) The department will determine whether an application in a basin closure area can be processed based on the information received from the applicant and will document its findings before it will review the application to determine whether it is correct and complete.

(4) While the department may determine that an application located in a basin closure area can be processed, an objector is able to refute the department's determination.

(5) Information required by the hydrogeologic assessment pursuant to 85-2-361, MCA, may not be sufficient to meet applicable criteria under 85-2-311, MCA, including but not limited to adverse effect to a prior appropriator. The applicant for a beneficial water use permit pursuant to 85-2-311, MCA, is responsible for providing sufficient evidence to meet all applicable criteria

(1) Aquifer testing design and procedures must follow standard procedures that are discussed in hydrogeology textbooks and professional literature.  

(2) Minimum information that must be submitted with applications: 

(a) a map with labeled location of production and observation wells;

(b) well logs of production and observation wells; and

(c) Form No. 633, in electronic format, with all information and data provided.

(3) Minimum testing procedures are as follows:

(a) Pumping must be maintained throughout the duration of the test.  The rate may not depart from the average pumping rate by more than 5%.

(b) The average pumping rate must be equal to or greater than the proposed flow rate if the application is for one well or if the total proposed rate for multiple wells can be obtained from a single well.

(c) The proposed pumping rate may be demonstrated by testing multiple wells as long as (e) is met by one well and the remaining flow rate is demonstrated by eight-hour drawdown and yield tests on additional production wells under (e)(ii) and (e)(iii).

(d) Pumping rate must be measured with a reliable measuring device and recorded with clock time according to the schedule on Form No. 633.

(e) Minimum duration of pumping during an aquifer test must be 24 hours for a proposed pumping rate and volume equal to or less than 150 GPM or 50 acre-feet, or 72 hours for a proposed pumping rate and volume greater than 150 GPM or 50 acre-feet.

(i)  At a minimum, an eight-hour drawdown and yield test is required on all new production wells.

(ii)  In addition to (e), if more than one new production well is proposed, at a minimum an eight-hour drawdown and yield test is required on all subsequent new production wells.

(iii)  The testing procedures for a minimum eight-hour drawdown and yield test performed on any production well must follow (a), (d), and (h).

(f) One or more observation wells must be completed in the same source aquifer as the proposed production well and close enough to the production well so that drawdown is measurable and far enough that well hydraulics do not affect the observation well.

(g) Background groundwater levels in the production well and observation well(s) must be monitored at frequent intervals for at least two days prior to beginning the aquifer test according to Form No. 633.

(h) Water levels in the production well and/or observation well(s) must be reported with 0.01-foot precision according to the schedule specified on Form No. 633.

(4)  An applicant may make a written request for a variance from the aquifer testing requirements in (2) and (3).  The variance process is provided for in ARM 36.12.123.

(2) If a contact person is identified as legal counsel, all communication will be sent only to the attorney unless the attorney provides written instruction to the contrary.

(3) If a contact person is identified as a consultant, employee, or lessee, the individual filing the water right form or objection form will receive all correspondence and a copy will be sent to the contact person.

(4) A contact cannot represent an applicant at a hearing unless the contact is an attorney.

(1)  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: 

(a)  postmarked or sent electronically to the department by the deadline established at the preapplication meeting; or

(b)  if a preapplication meeting is not held, the applicant may include a request for variance with a filed application, or as part of a deficiency response pursuant to ARM 36.12.1501.

(2)  A variance request that is not submitted within the timeframe identified in (a) or (b) shall be denied.

(3)  The department shall grant or deny the variance within 30 business days of receipt of the written request. The department may only grant a variance request if it determines the application materials and data provide sufficient information to complete any necessary technical analyses and to evaluate the applicable criteria.

(1) The procedures contained within this subchapter govern contested case proceedings conducted by the department pursuant to Title 85, chapter 2, parts 1 through 4, MCA.

(2) The attorney general's model rules for conducting contested case proceedings, adopted by the department at ARM 36.2.101, shall not apply to proceedings conducted by the department pursuant to Title 85, chapter 2, MCA, and are superseded for that purpose only.

This rule has been repealed.

(1) A hearing examiner shall be assigned to preside over a contested case proceeding before the department. An individual that was involved in the preliminary determination on the application shall not be assigned as hearing examiner. The department shall provide the hearing examiner with a complete copy of the department's file including all applications, correspondence, documents, notices, objections, petitions, and preliminary determinations.

(2) Consistent with law, the hearing examiner shall perform the following duties:

(a) regulate the course of the proceeding, including the scheduling, establishing deadlines, recessing, reconvening, and adjournment;

(b) hear and rule on motions;

(c) preside over the hearing;

(d) administer oaths and affirmations;

(e) maintain a complete record of the proceeding; and

(f) issue a decision or final order containing findings of fact and conclusions of law.

(3) Consistent with law and at the hearing examiner's discretion, the hearing examiner is authorized to perform the following duties:

(a) enter preliminary, interlocutory, and other orders deemed necessary;

(b) limit the scope of discovery;

(c) appoint a staff expert to issue a written report;

(d) question witnesses;

(e) issue subpoenas;

(f) enter rulings regarding the admissibility of evidence;

(g) request the submission of proposed findings of fact and conclusions of law;

(h) perform such other duties consistent with the authority provided for by law; and

(i) perform such other duties as may be delegated by the director.

(4) The authority of the hearing examiner terminates upon the entry of a decision or final order on the merits.

(1) The department shall serve all parties with a hearing notice and appointment of hearing examiner:

(a) within 30 days of issuing a preliminary determination to deny an application pursuant to 85-2-310, MCA; or

(b) within 30 days of the applicant filing a written request for a hearing on a preliminary determination to grant application in modified form pursuant to 85-2-310, MCA; or

(c) within 30 days after determining the validity of objections to application pursuant to 85-2-308 and 85-2-309, MCA.

(2) A hearing notice and appointment of hearing examiner in all contested cases shall include:

(a) a short and plain statement regarding each of the requirements set forth in 2-4-601, MCA;

(b) name, address, and telephone number of the hearing examiner;

(c) notification of the right of the parties to be represented by legal counsel;

(d) notification that the failure of a party to appear at the hearing may result in default against a party; and

(e) a citation to these procedural rules and to the contested case provisions of Title 2, chapter 4, part 6, MCA.

(3) A hearing notice and appointment of hearing examiner involving an objection to application pursuant to 85-2-308 and 85-2-309, MCA, shall include:

(a) a copy of all valid objections; and

(b) the name, address, and telephone number of each objector or the objector's attorney if represented.

(4) A hearing notice and appointment of hearing examiner in a show cause proceeding conducted following a preliminary determination to deny an application or to grant application in modified form pursuant to 85-2-310, MCA, shall include a statement that the proceeding is subject to the informal contested case proceedings provisions of 2-4-604, MCA.

(5) A hearing notice and appointment of hearing examiner shall be served not less than 30 days prior to the hearing unless the parties agree in writing to a shorter notice time period.

(6) Except as required under the circumstances of ARM 36.12.232, no hearing shall be scheduled on a Saturday, Sunday, or legal holiday.

(7) Service of a hearing notice and appointment of hearing examiner constitutes the commencement of a contested case proceeding before the department.

(8) When a party is represented by an attorney, service upon the attorney shall constitute service upon the party.

This rule has been repealed.

(1) A party may appear on their own behalf or may be represented by an attorney in a contested case proceeding. All legal entities, including but not limited to corporations, limited liability companies, trusts, partnerships, and not for profit associations must be represented by an attorney licensed to practice law in the state of Montana throughout all contested case proceedings. This rule shall not be construed to sanction the unauthorized practice of law.

(2) The department may appear in a contested case for the limited purpose of representing the interests of the public.

(1) The terms of a settlement, stipulation, or consent entered between parties as a private contractual agreement are not binding on the department.

(2) If the parties propose inclusion of the terms of a settlement, stipulation, or consent as a condition(s) to a permit or change authorization, the parties shall submit a copy of the written settlement, stipulation, or consent along with any proposed condition(s) to the department for consideration. At the department's discretion, the terms of a settlement, stipulation, or consent may be included as a condition(s) to a permit or change authorization upon determination that the terms of the settlement, stipulation, or consent are consistent with and necessary to satisfy the applicable statutory criteria.

(3) A complete copy of any settlement, stipulation, or consent considered by the department must be included in the record.

(1) The time within which an act is to be done as provided in these rules shall be computed by excluding the first day and including the last, except that if the last day be Saturday, Sunday, or a legal holiday, the act may be done on the next succeeding regular business day. When the period of time prescribed or allowed is less than 11 days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

(2) Whenever a party has the right or is required to do some act or take some action within a prescribed period after the service of a notice or other paper upon them, or whenever such service is required to be made within a prescribed period before a specified event, and the notice or paper is served by mail, postmarking of the notice or paper on or before the prescribed period shall satisfy this rule.

(3) If a pleading or other document is not filed in accordance with applicable time limits, upon motion of a party or the hearing examiner, the pleading may be stricken from the record.

(1) Two or more proceedings may be proposed for consolidation as a single proceeding upon motion of a party or upon notice by the hearing examiner:

(a) if consolidation is proposed by a party, the procedures regarding filing of motions to the hearing examiner provided for by ARM 36.12.213 shall be followed; or

(b) if consolidation is proposed by the hearing examiner, the hearing examiner shall serve each party with written notification of the proposal to consolidate. Any party opposing consolidation shall file and serve a written objection stating the reasons consolidation should not be ordered within 14 days of service of notice.

(2) The hearing examiner may order consolidation upon determining:

(a) the proceedings present substantially the same issues of fact or law;

(b) the final order in one proceeding would affect the rights of parties in the other(s); and

(c) the consolidation would not substantially prejudice any party.

(3) An order granting or denying a motion for consolidation shall be served upon all parties and shall contain a description of the cases being consolidated and shall explain the basis for the hearing examiner's determination.

(4) Multiple objections to a single application shall be consolidated without requirement of a motion, notice, or order.

This rule has been repealed.

(1) Upon written request of a party or by order of the hearing examiner, a prehearing conference may be conducted to:

(a) clarify the issues to be determined prior to or at the hearing;

(b) establish deadlines for matters including but not limited to:

(i) submission of prehearing evidence;

(ii) submission of post-hearing pleadings; and

(iii) submission of proposed findings of fact and conclusions of law;

(c) obtain stipulations regarding foundation for evidence including but not limited to expert witness testimony;

(d) hear argument and rule on prehearing motions and evidentiary objections;

(e) identify witnesses and exhibits;

(f) establish and review hearing procedures; and

(g) address other issues related to the hearing.

(2) Following a prehearing conference the hearing examiner shall issue an order reciting the matters addressed and documenting any action taken at the prehearing conference. The order shall control the subsequent course of the proceeding and hearing unless modified by order.

(3) A party who fails to appear at a prehearing conference without good cause waives the right to object to any matters set forth in the prehearing order.

(1) Any party may seek relief by means of an appropriate written motion. Written motions shall clearly state the relief sought by a party and the grounds and authority supporting the entry of an order granting the motion. All motions which assert factual matters not of record as the grounds for relief must be accompanied by affidavits or verified exhibits which show the facts upon which the proposed relief is grounded. Each motion must be supported by a brief or memorandum of law showing the moving party's entitlement to relief as a matter of law.

(a) All written motions other than motions for summary judgment shall contain a statement that each party has been contacted and state whether the party contests the motion. Uncontested written motions shall be accompanied by a proposed order for the hearing examiner's consideration.

(b) Within ten days after service of a contested motion, each opposing party shall file a written response stating with particularity the factual and legal basis for opposition to the motion.

(c) Within ten days of being served with a response, the moving party may file a written reply in support of the written motion.

(d) A written motion, response, or reply may include a request for oral argument on the motion. At the hearing examiner's discretion the parties may be ordered to appear at a specific time and place for oral argument telephonically or in person before ruling on the motion.

(e) The original of all written motions, responses, and replies must be filed with the hearing examiner.

(f) A copy of all written motions, responses, and replies must be served on all parties.

(g) All written motions, responses, and replies must include a signed certificate of service setting forth the date and manner of service on all parties.

(2) At the hearing examiner's discretion, oral motions may be considered during a contested case hearing.

(a) The hearing examiner may request that an oral motion and/or any response presented at the time of hearing be submitted in writing before ruling.

(b) The hearing examiner may enter an oral ruling granting, denying, or modifying the relief requested at the time of hearing.

(3) The hearing examiner shall enter an order on all written and oral motions granting, denying, or modifying the relief requested. All orders of the hearing examiner regarding written and oral motions shall state with particularity the basis for the order and shall be:

(a) issued in writing prior to the hearing; or

(b) incorporated in writing into the hearing examiner's decision or final order following hearing.

(1) Any party may request that a pending motion, or a motion decided adversely to that party by the hearing examiner before or during the course of the proceeding be certified by the hearing examiner to the director. In deciding what motions should be certified, the hearing examiner shall consider the following:

(a) whether the motion involves a controlling question of law, which if finally determined, would materially advance the ultimate determination of the proceeding; or

(b) whether certifying the motion is necessary to promote the development of the full record or resolution of the case on the merits.

(2) The director may not rule upon a motion unless the motion is certified to the director by the hearing examiner in the manner described in this rule. If a motion is certified to the director, the director may require the parties to file briefs before ruling upon the motion. Certified motions shall be decided in the manner provided for in ARM 36.12.229(2).

(3) No motions shall be made directly to the director subsequent to the assignment of a hearing examiner.

(1) Written discovery may commence upon service of the hearing notice and appointment of hearing examiner. Unless otherwise specified in this rule or order of the hearing examiner, the methods, scope, and procedures of discovery available pursuant to the Montana Rules of Civil Procedure apply to written discovery in a contested case.

(2) A party may make a written demand upon another party requesting the disclosure of witnesses and written documents following the commencement of discovery. Within ten days of a service of a written demand, the responding party must:

(a) disclose the names and addresses of all witnesses known to the responding party to have knowledge of relevant facts along with a brief summary of the facts known by each witness, whether the responding party intends to call the witness as a witness at hearing, and the anticipated testimony of any witness the responding party intends to call as a witness at hearing. All witnesses unknown at the time of said disclosure shall be disclosed, together with a brief summary of the expected testimony, as soon as they become known;

(b) identify all relevant documents, maps, photographs, correspondence, recorded statements, or other written materials;

(c) provide the name and address of the custodian of such information; and

(d) disclose whether the responding party intends to use the evidence at hearing.

(3) Unless otherwise provided for by order of the hearing examiner, within ten days of being served with written requests for production of documents, written interrogatories, and/or written requests for admission, the responding party shall serve written responses and/or objections upon the requesting party.

(4) Any party unreasonably failing upon demand to make the disclosure by this rule, may be foreclosed from presenting any evidence at the hearing through witnesses not disclosed or through witnesses whose statements are not disclosed.

(1) Depositions of parties and witnesses by oral examination may be taken in accordance with Rule 30, Montana Rules of Civil Procedure, governing depositions by oral examination.

(2) Depositions of parties and witnesses by oral examination may be used at hearing for any purpose permitted by Rule 32, Montana Rules of Civil Procedure, for the use of depositions in court proceedings.

(a) A subpoena shall be served in the manner provided by the Montana Rules of Civil Procedure.

(b) The cost of service, fees, and expenses of any witnesses subpoenaed shall be paid at the rates prescribed by Montana law by the party at whose request the witness appears.

(c) The person serving the subpoena shall make proof of service by filing the subpoena together with a certificate of service with the hearing examiner.

(2) Upon motion made promptly, and in any event at or before the time specified in the subpoena for compliance therewith, the subpoena may be quashed or modified if the hearing examiner finds it is unreasonable or oppressive.

(3) The party seeking the subpoena may seek enforcement of the same by applying to a judge of any district court of the state of Montana for an order to show cause why the subpoena should not be enforced against any witness who fails to obey the subpoena.

This rule has been repealed.

(1) Any party may be a witness and may present witnesses at the hearing.

(2) The hearing examiner may order anticipated direct examination testimony by experts or other witnesses be prepared in advance and submitted as pre-filed testimony in either question-and-answer or narrative format.

(3) Pre-filed testimony shall be served upon the hearing examiner and all parties as established by a schedule set by the hearing examiner. Any witness who submits pre-filed testimony must be available for cross-examination at the hearing.

(4) Evidentiary objections to such pre-filed testimony may be made by any party at any time during the hearings conducted pursuant to these rules.

(5) At the hearing, the party presenting the testimony may, if they deem it appropriate, briefly summarize the pre-filed testimony prior to the start of cross-examination. Nothing contained within the pre-filed testimony shall be deemed to foreclose any party from presenting rebuttal testimony or from presenting testimony in response to reasonably unforeseen areas without the necessity of pre-filing.

(6) At the request of a party or a witness, the hearing examiner may permit a witness to appear and provide oral testimony by means of telephonic or video participation. Such requests may only be granted if the hearing examiner determines that telephonic or video participation will not substantially prejudice the rights of any party.

(7) All oral testimony and pre-filed testimony shall be under oath or affirmation.

(2) The department file shall be deemed part of the record in its entirety unless objections are made to a specific portion thereof upon review by the parties. If the objection is sustained, that portion of the file will not be made a part of the record. All other evidence to be considered in the case, including all records and documents in the possession of a party (or a true and accurate photocopy thereof) , shall be offered and made a part of the record in the case. No other factual information or evidence shall be considered in the determination of the case.

(3) Documentary evidence in the form of copies or excerpts may be received or incorporated by reference. Upon request, parties shall be given an opportunity to compare copies with the originals.

(4) The hearing examiner may take notice of judicially cognizable facts and generally recognized technical or scientific facts within the department's specialized knowledge. Parties shall be notified, either before or during the hearing or by reference in the proposal for decision of the material noticed. Each party shall be afforded an opportunity to contest the materials so noticed.

(5) A party may call an adverse witness who may be a party's managing agent or employees, or an officer, director, managing agent, or employee of the state or any political subdivision thereof, or of a public or private corporation or of a partnership or association or body politic which is an adverse party, and interrogate the adverse witness by leading questions and contradict and impeach the adverse witness on material matters in all respects as if the adverse witness had been called by the adverse party. The adverse witness may be examined by counsel for the adverse witness upon the subject matter of the examination in chief under the rules applicable to direct examination, and may be cross-examined, contradicted, and impeached by any other party adversely affected by the adverse witness' testimony.

(2) A motion for continuance filed not less than 10 days prior to the hearing may be granted upon showing of good cause.

(3) A motion for continuance filed less than 10 days prior to the hearing shall be denied unless good cause exists and the reason for the request could not have been ascertained earlier and cannot be avoided.

(4) "Good cause" for purposes of this rule includes but is not limited to:

(a) death or incapacitating illness of a party or member of a party's immediate family or attorney of a party or witness to an essential fact;

(b) a court order requiring a continuance;

(c) lack of proper notice of the hearing;

(d) a substitution of the attorney of a party if the substitution is shown to be required;

(e) unavailability of counsel due to engagement in court or another administrative proceeding provided counsel submits copies of documents requiring counsel's presence at said proceeding;

(f) a change in the parties or pleading requiring postponement;

(g) unavailability of a party or a witness to an essential fact for serious and compelling reasons where the conflict could not be anticipated and cannot be avoided; or

(h) agreement for a continuance by all parties upon a showing that:

(i) more time is clearly necessary to complete discovery authorized pursuant to ARM 36.12.215(3) or other mandatory preparation for the case, and the parties have agreed to a new hearing date; or

(ii) the parties have agreed to a settlement of the case; or

(iii) all the parties have agreed to a new hearing date and the agreed upon date is convenient for the hearing examiner.

(5) "Good cause" for purposes of this rule shall not include:

(a) intentional delay;

(b) unavailability of an expert witness if the witness' deposition could have been taken prior to the hearing;

(c) failure of a party or their counsel to properly utilize the notice period to prepare for the hearing;

(d) failure of a party to act with due diligence in acquiring counsel within the notice period.

(6) During a hearing, if it appears in the interest of justice that further testimony should be received, the hearing examiner may continue the hearing to a future date and oral notice of such continuance on the record shall be sufficient.

(1) Unless the hearing examiner determines otherwise a contested case hearing shall be conducted substantially in the following manner:

(a) The hearing examiner shall open the hearing and provide a statement that explains or identifies:

(i) the subject matter of the hearing and issues presented;

(ii) the procedures to be followed at hearing including the sequence for presenting evidence and argument;

(iii) any exhibits or evidence entered into the record by stipulation of the parties;

(iv) the burden of proof for each party;

(v) the hearing is the time and place for each party to present argument, evidence, and cross-examine witnesses;

(vi) the common law and statutory rules of evidence do not apply;

(vii) the hearing examiner's discretion to make determinations regarding admissibility of evidence; and

(viii) such other matters as the hearing examiner considers appropriate.

(2) Each party shall be provided the opportunity to make an opening statement.

(3) Each party shall be provided the opportunity to present evidence and examine witnesses in a sequence determined by the hearing examiner.

(4) Each party shall be provided the opportunity to cross-examine witnesses in a sequence determined by the hearing examiner.

(5) Each party shall be given the opportunity to present final argument in a sequence and form determined by the hearing examiner. Such final argument may be in the form of written memoranda or oral argument, or both.

(6) After final argument, the hearing shall be closed or continued. If the hearing is continued, the hearing examiner shall make an oral statement providing:

(a) the contested case hearing will be continued to a certain time and day; or

(b) the contested case hearing will be continued to a date to be determined later by written order.

(7) The hearing examiner may require submission of proposed findings of fact and/or post-hearing briefs at the close of testimony in the hearing. The proposed findings and briefs may be submitted simultaneously or sequentially and within such time periods as the hearing examiner may prescribe.

(8) The record of the contested case proceeding shall be closed upon receipt of the final written memorandum, transcript, if any, or late filed exhibits that the parties and the hearing examiner have agreed should be received into the record, whichever occurs latest.

(1) Upon the hearing examiner's motion or upon the motion of any party, a site visit to the lands involved in the proceeding may be made at any time during the proceeding.

(2) The hearing examiner may enter upon lands to view proposed works, sources of water, location of proposed uses, construction of works, and such other views that are deemed relevant by the hearing examiner to gain a proper understanding of the issues involved in the proceeding.

(3) Before making any site visit, the hearing examiner shall give the parties at least five days written notice to participate, unless the motion is made during a hearing and then oral notice on the record shall be sufficient.

(1) The hearing examiner shall maintain the official record in each contested case proceeding until the issuance of the final order. The record in a contested case shall contain:

(a) a complete copy of the application file;

(b) all pleadings, motions, intermediate rulings, and orders;

(c) all evidence received or considered, including a verbatim record of oral proceedings and pre-filed testimony;

(d) a statement of matters officially noticed;

(e) questions and offers of proof, objections, and rulings;

(f) the department file and all staff memoranda or data submitted to the hearing examiner as evidence in connection with the case; and

(g) the decision or final order by the hearing examiner.

(1) The verbatim record consisting of audio recordings of the contested case hearing shall be transcribed if requested by the hearing examiner.

(2) If a petition for judicial review is filed and a party to the proceeding elects to have a written transcription prepared as part of the record of the administrative hearing for certification to the reviewing district court, the requesting party must make arrangements with the department for ordering and payment of preparation cost of a written transcript.

(3) If the hearing examiner does not request a transcript, the department will transmit a copy of the recording(s) of the proceedings to the district court.

(4) Any party may request copies of the recordings and shall pay the charge set by the department. All monies received for copies of the recordings shall be payable to the department and shall be deposited in the department's water right appropriation account in the state treasury.

(1) Following the close of the record, the hearing examiner shall make a decision or final order pursuant to 2-4-623, MCA.

(2) Upon completion, a copy of the decision shall be served upon all parties by:

(a) personal service;

(b) first class mail; or

(c) depositing it with the mail and distribution section, General Services Division, Department of Administration.

This rule has been repealed.

(2) A hearing examiner or a final decision-maker may respond to questions of any party or representative of a party if it relates solely to procedures to be followed during the pendency of the contested case. A communication made for this purpose is not an ex parte communication.

(3) A hearing examiner or final decision-maker who receives a communication prohibited by (1) shall decline to listen to such communication and shall explain that the matter is pending for determination, and that the hearing examiner may not listen to information or allegation when other parties are not present to respond. If unsuccessful in preventing such communication, the recipient shall advise the communicator that the hearing examiner will not consider the communication and that the other parties will be notified of it. The recipient shall then place on the record of the pending matter any written communications received (other than those allowed pursuant to (2) or a memorandum stating the substance of all oral communications received and all responses made and the identity of each person from whom the recipient received an ex parte communication. The recipient shall then notify all parties of the communication and its substance either orally on the record at the contested case hearing or, if no hearing is held, in a written memorandum. The recipient shall inform the parties that the substance of the communication is not part of the record in the pending matter, and will not be used as a basis for any part of the decision made therein.

(4) Upon receipt of a communication knowingly made in violation of (1) , a hearing examiner or final decision-maker may require, to the extent consistent with the interests of justice and the policy of underlying statutes, the communicator to show cause why the communicator's claim, objection or interest in the contested case should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation.

(1) 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:

(a) the additional evidence is material; and

(b) there were good reasons for the failure to present it in the hearing.

(2) Prior to issuance of a decision or final order and upon providing the parties with notice and the opportunity to object, the hearing examiner may reopen the record to request additional evidence or clarification that the hearing examiner deems necessary to issue a decision or final order.

(1) A department staff expert may be appointed to issue a written report/opinion regarding:

(a) the subject matter and issues presented by technical aspects of the application;

(b) valid objections; and/or

(c) evidence in the contested case proceeding.

(2) A copy of any department staff expert report/opinion shall be served on each party at least 14 days before commencement of the contested case hearing.

(3) A party may take the deposition pursuant to ARM 36.12.216 of any department staff expert witness who prepares a report/opinion.

(4) A department staff expert witness who prepares a report/opinion may be called as a witness at the contested case hearing and examined or cross-examined by any party and/or the hearing examiner.

(5) Nothing in this rule shall prevent any of the parties from producing other expert evidence on the same fact or matter to which the staff expert witness appointed by the hearing examiner relates.

(1) "Applicant" means a person who filed an application for an extension of time.

(2) "Application" means an application for an extension of time, Form No. 607.

(3) "Change authorization" means an authorization to change the point of diversion, place of use, purpose of use, or place of storage of an existing water right issued by the department pursuant to Title 85, chapter 2, MCA.

(4) "Project completion due date" means the date on the permit, change authorization or an authorized extension when the project completion notice is to be received by the department. The postmark on the envelope, if the notice is mailed, must be on or before the project completion due date.

(1) 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 project completion due date.

(2) A complete application must include the following:

(a) name, mailing address, and telephone number of applicant;

(b) identification number of the permit or change authorization;

(c) project completion due date;

(d) a chronological narrative describing how the applicant has diligently worked to complete the project, and a description of the work completed on the project prior to the deadline date;

(e) the reasons the project was not completed as scheduled which must include a discussion of how the information provided prior to the issuance of the permit or change authorization has changed concerning the following:

(i) the cost of the project;

(ii) the magnitude of the project;

(iii) the engineering of the project;

(iv) the physical features encountered during development of the project;

(v) the time line for completion of the project.

(f) a notarized signature; and

(g) the required filing fee.

(3) An application postmarked after the project completion due date is void.

(2) When the department determines the applicant has proceeded with diligence and has established that the reasons stated in the application justify an extension based on a consideration of the cost and magnitude of the project, the engineering and physical features encountered during development of the project, and the time reasonably necessary for the project, an extension shall be granted. The extension of time must state the new project completion due date and any conditions to ensure completion.

(3) When the department determines there has been no diligence and a lack of good cause for the extension, the application must be denied. The department shall notify the applicant of its decision and reasons, and shall provide the applicant opportunity to be heard. An applicant must request a hearing in writing, within 30 days after the date of the notice. When an applicant requests a hearing, it shall be the applicant's burden to show cause why the application should not be denied.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) 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 described as follows:

(a) beginning at intersection of highway S-420 and Lower Grove Creek Road, proceeding southwest along Lower Grove Creek Road to intersection with Grove Creek Road, following Grove Creek Road to bridge over Fishtail Creek, following Fishtail Creek to confluence with West Rosebud Creek, following West Rosebud Creek to Ross-Flannigan Ditch diversion, following Ross-Flannigan Ditch to intermittent tributary to West Rosebud Creek in section 11, following intermittent tributary to its confluence with West Rosebud Creek, following West Rosebud Creek to bridge at highway S-420, following S-420 to starting point;

(b) a map of the area within the HCCGWA is posted on the department's website.

(2) The department shall accept one Notice of Completion of Groundwater Development, Form 602, per parent tract within the HCCGWA if all of the following are met, otherwise an Application for Beneficial Water Use Permit, Form 600 must be filed.

(a) The groundwater development point of diversion is on a parent tract of land. A parent tract means a tract of land as it exists within the HCCGWA on October 27, 2011.

(b) The purpose is for domestic, multiple domestic, lawn and garden (which includes shelterbelts), or stock.

(c) The maximum appropriation is 35 gallons per minute or less.

(d) The volume used per year is not greater than one acre-foot (325,851 gallons) per year.

(e) The project does not include a reservoir.

(3) An Application for Beneficial Water Use Permit, Form 600 must include the following:

(a) a mitigation plan which will offset the rate, timing, and location of depletion calculated within the HCCGWA; and

(b) an Application to Change, Form 606, if the mitigation plan includes changing an existing water right for mitigation purposes.

(4) The department may also accept the following within the HCCGWA:

(a) Application to Change, Form 606;

(b) Replacement Well Notice, Form 634; or

(c) Redundant Well Construction Notice, Form 635.

(5) All new wells, whether a new appropriation or change of existing appropriation, must install a 0.75-inch access tube (preferably PVC) to within five feet above the pump to allow static water level measurements to be taken.

(a) The appropriator shall measure the static water level quarterly and record it on a form provided by the department.

(b) Records must be submitted to the department annually.

(6) All new wells shall have a department-approved in-line meter installed at a point approved by the department to measure the total volume of water diverted.

(a) Water must not be diverted until the required measuring device is in place and operating.

(b) Water use records shall be submitted annually to the department.

(7) Water use for lawn and garden irrigation under all water rights issued after the effective date of this rule that do not have mitigation will be discontinued when the 90-day standard precipitation index (SPI) is less than or equal to -1.

(a) The 90-day SPI will be taken at the center of section 15, T4S, R18E, from the Upper Missouri River Basin (UMRB) Drought Indicators Dashboard.

(b) The department will post on the department's website the 90-day SPI and the link to the UMRB website at the beginning of each of the irrigation season months of May, June, July, August, and September. 

(8) The department may, if circumstances change, propose to amend these rules accordingly after public notice and hearing.

(1) 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 East Helena, Montana, consisting of two zones and is generally described as follows:

(a) Zone 1 beginning at the southeast corner of the NESE Section 36 T10N R3W, proceeding north along the section line and Montana Avenue to the alley north of the intersection of King Street and Montana Avenue, then proceeding west to Prickly Pear Creek passing just north of the East Helena Pool, then proceeding northwest along Prickly Pear Creek to the southeast corner of the NWSE of Section 23 T10N R3W, then proceeding north to the Helena Valley Irrigation Canal, then following the canal southwest to the intersection with the western edge of the SWNE of Section 23 T10N R3W, then proceeding south to the southeast corner of the SENW of Section 26 T10N R3W, then proceeding east, then south along the edge of the Seaver Park subdivision to Highway 12, then east along Highway 12 to the edge of section 26, then south to Smelter Road, then following Smelter Road approximately 135 yards southeast to a private driveway and the north edge of Section 36, then proceeding west to the northwest corner of Section 36, then proceeding south to the southwest corner of the NWSW of Section 36 T10N R3W, then proceeding east to the starting point.

(i) Within the lateral boundaries described in (1)(a), there exists vertical boundaries south of the section line between Sections 23 and 26 T10N R3W from the top of the water table to a depth of 200 feet and north of the section line between Sections 23 and 26 T10N R3W from the top of the water table to a depth of 300 feet; and

(b) Zone 2 beginning at the alley north of the intersection of King Street and Montana Avenue in East Helena, then proceeding west to Prickly Pear Creek passing just north of the East Helena Pool, then proceeding northwest along Prickly Pear Creek to the southeast corner of the NWSE of Section 23 T10N R3W, then proceeding north to the Helena Valley Irrigation Canal, then following the canal southwest to the intersection with the western edge of the SWNE of Section 23 T10N R3W, then proceeding south to the southeast corner of the SENW of Section 26 T10N R3W, then proceeding west to the southwest corner of the SENW of Section 26 T10N R3W, then proceeding north to Canyon Ferry Road, then following Canyon Ferry Road east to Wylie Drive, then following Wylie Drive south to the north edge of Section 25, then proceeding east to Valley Drive/Montana Avenue, then following Valley Drive/Montana Avenue south to the starting point.

(2) A map of the area within the EVCGWA described in (1) is posted at http://dnrc.mt.gov/divisions/water/water-rights/controlled-ground-water-areas/east-valley.

(3) The following controls apply in Zone 1 of EVCGWA.

(a) Except as provided in (3)(b), no new groundwater developments or changes to existing groundwater appropriations are allowed, and the department may not accept or process any of the following for groundwater:

(i) a Notice of Completion pursuant to 85-2-306(3), MCA;

(ii) a Replacement Well Notice, Form 634;

(iii) an Application for Beneficial Water Use Permit, Form 600; and

(iv) an Application for Change of Appropriation Right, Form 606.

(b) The department may accept and process the following applications and forms pursuant to 85-2-311 and 85-2-402, MCA, when the application or form is accompanied by documentation of prior written approval from Lewis and Clark County Board of Health, the Lewis and Clark County Water Quality Protection District, the U.S. Environmental Protection Agency, the Montana Department of Environmental Quality, and the Montana Department of Natural Resources and Conservation:

(i) a Redundant Well Construction Notice, Form 635, for a redundant well;

(ii) an Application for Change of Appropriation Right, Form 606, for the limited purpose of a replacement well; and

(iii) an Application for Change of Appropriation Right, Form 606, for the retirement of a well limited to the purpose of mitigation or marketing for mitigation.

(4) The following controls apply in Zone 2 of EVCGWA.

(a) No new groundwater developments pursuant to 85-2-306(3), MCA, are allowed and the department may not accept or process Notices of Completion.

(b) New groundwater developments or changes to existing groundwater appropriations are allowed and the department may accept and process the following applications and forms pursuant to 85-2-311 and 85-2-402, MCA, when the application or form is accompanied by documentation of prior written approval from Lewis and Clark County Board of Health, the Lewis and Clark County Water Quality Protection District, the U.S. Environmental Protection Agency, the Montana Department of Environmental Quality, and the Montana Department of Natural Resources and Conservation:

(i) an Application for Beneficial Use Permit, Form 600;

(ii) an Application for Change of Appropriation Right, Form 606; and

(iii) a Redundant Well Construction Notice, Form 635.

(5) In addition to conditions necessary to satisfy the criteria in 85-2-311 and 85-2-402, MCA, a department order authorizing a new groundwater development or change to existing groundwater appropriation must include conditions consistent with the recommendations included in the prior written approval from Lewis and Clark County Board of Health, the Lewis and Clark County Water Quality Protection District, the U.S. Environmental Protection Agency, the Montana Department of Environmental Quality, and the Montana Department of Natural Resources and Conservation. The prior written approval pursuant to (3)(b) and (4)(b) must include recommendations for:

(a) well design and construction requirements necessary to measure the water level and water quality for any new well;

(b) water level measurement and water quality sample reporting requirements for any new well; and

(c) any other requirements necessary to ensure new wells can be operated in a manner consistent with the purpose of the EVCGWA.

(6) The Lewis and Clark County Board of Health, the Lewis and Clark County Water Quality Protection District, the U.S. Environmental Protection Agency, the Montana Department of Environmental Quality, and the Montana Department of Natural Resources and Conservation may establish a technical advisory group consisting of delegates from each for purposes of reviewing, monitoring, and making recommendations regarding applications and water use within the boundaries of the EVCGWA. Prior written approval by the technical advisory group satisfies the prior written approval required pursuant to (3)(b) and (4)(b).

(1) 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 generally described as follows:  

(a) The LSGPS CGWA covers an area approximately 0.52 square miles and is generally located south and east of the Yellowstone River at Lockwood, Montana, between Rosebud Lane to the south, the Yellowstone River to the north and west, and Maier Road on the east (the east Section line of Sections 26 and 35, T1N, R26E). The boundaries are wholly within: N2N2 Section 35, T1N, R26E; S2 Section 26, T1N, R26E; and S2N2 Section 26, T1N, R26E.

(b) A map of the area within the LSGPS CGWA described in (1)(a) is posted at http://dnrc.mt.gov/divisions/water/water-rights/controlled-ground-water-areas/lockwood.

(2) Groundwater monitoring wells, test wells, and remediation wells are allowed within the boundaries of the LSGPS CGWA.

(3) Except as provided in (4), the department may not accept or process applications for any new or existing groundwater developments within the lateral boundaries of the LSGPS CGWA.

(4) The department may accept and process Forms 634 and 606 for the limited purpose of a replacement well within the LSGPS CGWA boundaries. To be considered a replacement well, the following criteria must be met:

(a) a well located outside the boundaries of LSGPS CGWA cannot be replaced within the boundaries of the LSGPS CGWA;

(b) the well to be replaced must be on record with the DNRC or must be a valid use based on 85-2-222, MCA;

(c) the replacement well must be in the same aquifer as the well being replaced;

(d) the flow rate of the replacement well must not exceed the flow rate of the well on record with the DNRC;

(e) the replacement well must be used for the same purpose as the well being replaced; and

(f) the well being replaced has been abandoned according to the current Montana Board of Water Well Contractor rules.

(1) 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 area of approximately 86.4 acres located in the unincorporated town of Somers, Montana, and is generally described as follows:  

(a) the proposed BNSF Somers CGWA covers an area approximately 0.135 square miles and is generally located in the unincorporated town of Somers. The boundaries are wholly within: SW Section 24, T27N, R21W; and NW Section 25, T27N, R21W and further described as:

A parcel of land located in the Southwest quarter of Section 24 and in the Northwest quarter of Section 25, Township 27 North, Range 21 West, P.M., M., Flathead County, Montana, being more particularly described as follows:

Commencing at the Northeast corner of the Southwest quarter of the Southwest quarter of said Section 24 and the POINT-OF-BEGINNING; thence S 03°25'04" W a distance of 153.61 feet; thence S 86°27'32" E a distance of 188.36 feet; thence S 28°32'30" E a distance of 492.78 feet; thence S 09°32'26" E a distance of 763.33 feet; thence S 03°25'56" W a distance of 663.91 feet; thence N 86°30'48" W a distance of 593.14 feet; thence S 02°38'58" W a distance of 730.90 feet; thence S 61°40'25" E a distance of 210.96 feet; thence S 06°10'44" E a distance of 47.13 feet; thence S 65°31'51" W a distance of 541.91 feet; thence S 55°10'30" W a distance of 88.93 feet; thence N 01°28'21" E a distance of 436.94 feet; thence N 04°09'55" E a distance of 81.46 feet; thence N 08°26'19" W a distance of 81.44 feet; thence N 20°52'32" W a distance of 67.04 feet; thence N 28°38'20" W a distance of 74.04 feet; thence N 29°37'53" W a distance of 73.85 feet; thence N 20°06'06" W a distance of 106.72 feet; thence N 18°48'22" W a distance of 227.77 feet; thence N 17°03'46" W a distance of 344.14 feet; thence N 08°00'21" W a distance of 83.55 feet; thence N 06°12'39" W a distance of 80.22 feet; thence with a curve turning to the right with a delta angle of 05°05'40", with an arc length of 19.39 feet, with a radius of 218.11 feet, with a chord bearing of N 74°31'22" W, with a chord length of 19.39 feet; thence N 71°58'32" W a distance of 102.00 feet; thence with a curve turning to the right with a delta angle of 08°07'00", with an arc length of 157.94 feet, with a radius of 1114.92feet, with a chord bearing of N 67°55'02" W, with a chord length of 157.81 feet; thence N 63°51'32" W a distance of 108.50 feet; thence with a curve turning to the left with a central angle of 05°59'28", with an arclength of 86.46 feet, with a radius of 826.85 feet, with a chord bearing of N 66°51'16" W, with a chord length of 86.42 feet; thence N 04°51'10" E a distance of 55.89 feet; thence N 57°40'48" W a distance of 157.39 feet; thence N 03°25'15" E a distance of 1497.92 feet; thence S 42°24'16" E a distance of 11.60 feet; thence S 03°51'59" W a distance of 15.18 feet; thence S 60°44'54" E a distance of 395.49 feet; thence S 86°08'05" E a distance of 950.31 feet to the POINT-OF-BEGINNING, containing 86.491 acres.

(b) a map of the area within the BNSF Somers CGWA described in (1)(a) is posted at http://dnrc.mt.gov/divisions/water/water-rights/controlled-ground-water-areas/burlington-northern-and-santa-fe-railway-companys-somers-railyard. 

(2) No new groundwater appropriations or changes to existing groundwater appropriations are allowed within the lateral boundaries of the BNSF Somers CGWA as shown above. 

(3) New and existing groundwater monitoring wells and remediation wells approved by the United States Environmental Protection Agency are allowed within the boundaries of the BNSF Somers CGWA. New and existing monitoring wells and remediation wells within the BNSF Somers CGWA must comply with the well construction standards set forth in ARM Title 36, chapter 21.

(4) Recorded deed restrictions to replace the prior deed notifications, and to restrict use of all property within the subject area will be done by BNSF.

(5) Once the site is remediated, and the groundwater is restored to acceptable conditions, the petitioner or other qualifying petitioners may request the CGWA designation be lifted or changed in size.

(6) This rule revokes and replaces the department's May 9, 2003 Order Designating Controlled Groundwater Area In the Matter of Petition No. 76LJ-30005258.

(1) 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 unincorporated town of Victor, Montana, and is generally described as follows:  

(a)  The BVSL CGWA includes the Bitterroot Valley Sanitary Landfill historic waste disposal pit (Facility) and the designated area where hazardous or deleterious substances exceed Montana Numeric Water Quality Standards, or the pumping of groundwater may induce contaminant migration. The area includes 80 acres located within the following legal description:  S1/2S1/2 Section 31 T8N R20W; N1/2N1/2NW1/4 Section 6 T7N R20W.

(b) A map of the area within the BVSL CGWA described in (1)(a) is posted on the department's website.

(2) The following controls apply in the BVSL CGWA:

(a) Water from the upper aquifer layers where contamination exceeding DEQ-7 standards is present may not be appropriated for potable use.  Water from the deeper aquifer may be appropriated for potable use with express prior written approval from the Montana Department of Environmental Quality (DEQ) pursuant to (2)(c).

(b) Except as provided in (2)(c), no new groundwater developments or changes to existing groundwater appropriations are allowed within the BVSL CGWA, and the department may not accept or process any of the following for groundwater:

(i)  a Notice of Completion pursuant to 85-2-306(3), MCA;

(ii) a Replacement Well Notice, Form 634;

(iii)  an Application for Beneficial Water Use Permit, Form 600GW; or

(iv)  an Application for Change of Appropriation Right, Form 606.

(c) New uses, or changes of existing uses, of groundwater within the BVSL CGWA may not occur for any purpose other than monitoring water quality and quantity without the express prior written approval from DEQ.  The department may accept and process the following applications and forms pursuant to 85-2-311 and 85-2-402, MCA, when the application or form is accompanied by documentation of prior written approval from DEQ and the applicant demonstrates the withdrawals will not contribute to expansion of the contaminated plume outside of the BVSL CGWA boundaries:

(i)  an Application for Beneficial Use Permit, Form 600;

(ii)  an Application for Change of Appropriation Right, Form 606; or

(iii)  a Redundant Well Construction Notice, Form 635.

(3)  Monitoring wells within the boundaries of the BVSL CGWA must be approved by DEQ. The integrity of all monitoring wells must be maintained, no seals may be removed on any closed wells, and no wells may be abandoned within the BVSL CGWA without the express prior written approval of DEQ. Monitoring wells must be installed, maintained, and abandoned in compliance with ARM Title 36, chapter 21.

(4) An applicant for a Water Use Permit, Change Authorization, or for authorization to drill a well within the boundary of the BVSL CGWA pursuant to (2)(c) must establish by clear and convincing evidence that:

(a)  the well will be constructed in a manner that prohibits the contaminant from using the well as a migration pathway to another aquifer;

(b)  the proposed well driller possesses a valid Montana Well Driller License; and

(c)  the proposed well driller has experience drilling wells in state-controlled groundwater areas, State Superfund facilities, or Federal Superfund sites.  

(5) If groundwater within the BVSL CGWA is restored to acceptable conditions, the petitioner or other qualifying petitioners may request the CGWA designation be lifted or changed in size.

(6) This rule revokes and replaces the department's February 9, 2004, Order Designating Controlled Groundwater Area In Matter of Petition No. 76H-30003426 and May 28, 2004, Modification to Order Designating Controlled Groundwater Area In Matter of Petition No. 76H-30003426. 

(1) "Application" means an application for beneficial water use permit, form no. 600, or application for provisional permit for completed stockwater pit or reservoir, form no. 605.

(2) "Consumptive use" means a use of water which removes water from the source of supply, such that the quality or quantity is reduced or the timing of return delayed, making it unusable or unavailable for use by others.

(3) "Department" means the department of natural RESOURCES AND CONSERVATION.

(4) "Infiltration gallery" means a collection system consisting of one or more perforated pipes, culverts, or screens, placed horizontally beneath the streambed or vertically adjacent to the streambed, by which surface water is appropriated.

(5) "Nonconsumptive use" means a beneficial use of water which does not cause a reduction in the source of supply, and where substantially all of the diverted water returns to the source of supply with little or no delay and without adverse effect to the quality of water.

(6) "Supplemental irrigation" means additional water provided to lands which are already irrigated or to lands which will receive water through another water right.

(7) "Surface water" means all water at the surface of the ground including any river, stream, creek, ravine, coulee, undeveloped spring, or lake, regardless of its character or manner of occurrence, including but not limited to, diffused surface water, sewage effluent, waste water, and return flows and any subsurface water which is a part of the surface flows.

(2) The department shall reject applications for surface water permits within the Grant Creek Basin for any diversions, including infiltration galleries, for consumptive uses during the period from July 1 through September 30.

(3) Permits for nonconsumptive uses during the closure period shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions below the point of return, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall prove by substantial credible evidence its ability to meet the conditions imposed by this rule.

(4) These rules apply to all surface water within the Grant Creek Basin.

(5) Any application for a storage facility to impound water only outside the period from July 1 through September 30, and from which water could subsequently be used during any portion of the year, is exempt from these rules. Permit applications for storage, except applications for provisional permits for completed stockwater pits or reservoirs, form 605, will be received and processed. All form 605 permit applications will be rejected.

(6) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(7) These rules apply only to applications received by the department after the date of adoption of these rules.

(8) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

This rule has been repealed.

(2) The department shall reject applications for surface water permits within the Rock Creek Basin for any diversions for consumptive uses, including infiltration galleries, during the period from June 1 through September 30.

(3) Permits for nonconsumptive uses during the closure period shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions below the point of return, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall prove by substantial credible evidence its ability to meet the conditions imposed by this rule.

(4) These rules apply to all surface water within the Rock Creek Basin.

(5) Any applications which would utilize a storage facility to impound water only outside the period from June 1 through September 30, and from which water could subsequently be used during any portion of the year, is exempt from these rules. Permit applications for storage, except applications for provisional permits for completed stockwater pits or reservoirs, form no. 605, will be received and processed. All form no. 605 permit applications will be rejected.

(6) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(7) These rules apply only to applications received by the department after the date of adoption of these rules.

(8) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

(2) The department shall reject consumptive use applications for surface water permits within the Walker Creek Basin for any development, including infiltration galleries within 50 feet of Walker Creek or any of its tributaries, requesting to appropriate water or use water during the period July 1 through March 31.

(3) Permits for nonconsumptive uses during the closure period shall be modified or conditioned such that there will be no decrease in the source of supply, no disruption in the stream conditions below the point of return, and no adverse affect to prior appropriators within the reach of stream between the point of diversion and the point of return. Any permit for a nonconsumptive use shall include at a minimum the following conditions:

(a) All nonconsumptive water uses shall be constructed such that the inflow and outflow can be measured.

(b) One set of inflow and outflow measurements shall be taken during both July and August in the first full year of operation. The permittee shall keep a written record of the flow rate, method of measurement, place of measurement, and date of measurement, and shall submit said records by November 30th to the Water Rights Bureau Field Office, P.O. Box 860, Kalispell, MT 59903.

(c) All ponds or other storage facilities shall be filled during spring runoff or before June 1st of each year, which ever occurs first.

(d) All ponds or other storage facilities shall be designed according to U.S. soil conservation service specifications or designed by a registered engineer to minimize seepage.

(e) All nonconsumptive water uses which do not utilize the natural stream channel shall be constructed such that water is conveyed to the use and returned to the stream by pipe to minimize loss due to seepage.

(4) The applicant for a nonconsumptive use shall prove by substantial credible evidence the applicant's ability to meet the conditions imposed by (3) above.

(5) Permit applications which would utilize an offstream storage facility to impound water outside the closure period of July 1 through March 31, and which is of sufficient size to store adequate water for use during the closure period, is exempt from these rules. All applications for provisional permit for completed stockwater pit or reservoir (form 605) will be rejected.

(6) These rules apply to all surface water within the Walker Creek Basin.

(7) The department will make periodic inspections to determine compliance with these rules and conditions.

(8) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(9) These rules apply only to applications received by the department after the date of adoption of these rules.

(10) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

(1) 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 Section 33, Township 14 north, Range 3 west, MPM to its confluence with the Missouri River, including Beartooth Creek, and all unnamed tributaries are contained in the closure area. Excluded from the basin closure are Rattlesnake Gulch, McLeod Gulch, and their unnamed tributaries.

(2) The department shall reject applications for surface water permits in Towhead Gulch, Beartooth Creek, and their unnamed tributaries for any diversions, including infiltration galleries, for consumptive uses during any time of the year.

(3) Applications for nonconsumptive purposes shall be received and processed. Any permit granted for nonconsumptive uses shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions below the point of return, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall prove by substantial credible evidence its ability to meet the conditions imposed by this rule.

(4) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(5) These rules apply only to applications received by the department after the date of adoption of these rules.

(6) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

(1) 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 for Petroleum, Garfield, and Rosebud counties. The closure area contains the mainstems of the North and South Fork of the�Musselshell River and the Musselshell River down to the mouth of Flatwillow Creek located at a point in the SW � Section 33, Township 14 North, Range 30 East, Petroleum County, Montana.

(2) The department shall reject applications for surface water permits within the Musselshell River closure area for any diversions, including infiltration galleries, for consumptive uses of water during the period from July 1 through August 31. Applications for use from September 1 through September 30 shall be rejected, except, applications for supplemental irrigation during this period shall be accepted and processed.

(3) Any permits issued for nonconsumptive uses during the closure period shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions below the point of return, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall prove by substantial credible, evidence its ability to meet the conditions imposed by this rule.

(4) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(5) These rules apply only to applications received by the department after the date of adoption of these rules.

(6) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

(2) The department shall reject all surface water applications to appropriate water within the Sharrott Creek Basin for any diversions, including infiltration galleries, for any consumptive uses of water during the period from January 1 through December 31.

(3) Applications for nonconsumptive uses during the closure period shall be received and processed. Any permit if issued shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall provide sufficient factual information upon which the department can determine the applicants ability to meet the conditions imposed by this rule.

(4) Applications for groundwater shall be accepted, however the applicant shall provide sufficient factual information upon which the department can determine whether or not the source of the groundwater is part of or substantially or directly connected to surface water. If it is found that the proposed diversion of groundwater would cause a calculable reduction in the surface water flow during the closure period the application shall be rejected. A calculable reduction means a theoretical reduction based on credible information as opposed to a measured reduction. If the applicant fails to submit sufficient factual information as required, the application shall be considered defective and shall be processed pursuant to 85-2-302, MCA.

(5) Emergency appropriations of water as defined in ARM 36.12.101(3) and 36.12.105 shall be exempt from this rule.

(6) This rule applies only to applications received by the department after the date of adoption of this rule.

(7) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend this rule accordingly after public notice and hearing.

(2) The department shall reject all surface water applications to appropriate water within the Willow Creek Basin for any diversions, including infiltration galleries, for any consumptive uses of water during the period from May 1 through September 30.

(3) Applications for nonconsumptive uses during the closure period shall be received and processed. Any permit if issued shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall provide sufficient factual information upon which the department can determine the applicants ability to meet the conditions imposed by this rule.

(4) Applications for groundwater shall be accepted, however the applicant shall provide sufficient factual information upon which the department can determine whether or not the source of the groundwater is part of or substantially or directly connected to surface water. If it is found that the proposed diversion of groundwater could cause a calculable reduction in the surface water flow during the closure period the application shall be rejected. A calculable reduction means a theoretical reduction based on credible information as opposed to a measured reduction. If the applicant fails to submit sufficient factual information as required the application shall be considered defective and shall be processed pursuant to 85-2-302, MCA.

(5) Temporary emergency appropriations of water as defined in ARM 36.12.101 and 36.12.105 shall be exempt from this rule.

(6) This rule applies only to applications received by the department after the date of adoption of this rule.

(7) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend this rule accordingly after public notice and hearing.

(2) The department shall reject all surface water applications to appropriate water within the Truman Creek Basin for any diversions, including infiltration galleries, for any consumptive uses of water during the period from July 15 through August 31.

(3) Applications for nonconsumptive uses during the closure period shall be received and processed. Any permit if issued shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall provide sufficient factual information upon which the department can determine the applicant's ability to meet the conditions imposed by this rule.

(4) Applications for groundwater shall be accepted, however the applicant shall provide sufficient factual information upon which the department can determine whether or not the source of the groundwater is part of or substantially or directly connected to surface water. If it is found that the proposed diversion of groundwater would cause a calculable reduction in the surface water flow during the closure period the application shall be rejected. A calculable reduction means a theoretical reduction based on credible information as opposed to a measured reduction. If the applicant fails to submit sufficient factual information as required, the application shall be considered defective and shall be processed pursuant to 85-2-302, MCA.

(5) Any application which would utilize a storage facility to impound water only outside the period from July 15 through August 31 and from which water could subsequently be used during any portion of the year, is exempt from these rules. Permit applications for storage, except applications for provisional permits for completed stockwater pits or reservoirs, form no. 605, will be received and processed. All form no. 605 permit applications will be rejected.

(6) Temporary emergency appropriations of water as defined in ARM 36.12.101 and 36.12.105 shall be exempt from this rule.

(7) This rule applies only to applications received by the department after the date of adoption of this rule.

(8) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend this rule accordingly after public notice and hearing.

(2) The department shall reject all surface water applications to appropriate water within the Sixmile Creek Basin for any diversions, including infiltration galleries, for consumptive uses of water during the period from June 1 through September 15.

(3) Applications for nonconsumptive uses shall be accepted and processed. Any permit if issued shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return. The applicant for a nonconsumptive use shall provide sufficient factual information upon which the department can determine the applicant's ability to meet the conditions imposed by this rule.

(4) Applications for storage to appropriate water only outside the closure period from which water could subsequently be used during any portion of the year shall be received and processed except for form no. 605, application for provisional permit for completed stockwater pit or reservoir. Form no. 605 shall be rejected.

(5) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(6) These rules apply only to applications received by the department after the date of adoption of these rules.

(7) The department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

(2) The department shall reject all surface water applications to appropriate water within the Houle Creek Basin for any diversions, including infiltration galleries, for consumptive uses of water during any time of the year.

(3)Applications for nonconsumptive uses shall be accepted and processed.Any permit if issued shall be modified or conditioned to provide that there will be no decrease in the source of supply, no disruption in the stream conditions, and no adverse effect to prior appropriators within the reach of stream between the point of diversion and the point of return.The applicant for a nonconsumptive use shall provide sufficient factual information upon which the department can determine the applicant's ability to meet the conditions imposed by this rule.

(4)Applications for ground water shall be accepted however the applicant shall provide sufficient factual information upon which the department can determine whether or not the source of the ground water is part of or substantially or directly connected to surface water.If it is found that the proposed diversion of ground water would cause a calculable reduction in the surface water flow during the closure period the application shall be rejected.A calculable reduction means a theoretical reduction based on credible information as opposed to a measured reduction. If the applicant fails to submit sufficient factual information as required, the application shall be considered defective and shall be processed pursuant to 85-2-302 , MCA.

(5)Temporary emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.

(6) these rules apply only to applications received by the department after the date of adoption of these rules. (7) the department may, if it determines changed circumstances justify it, reopen the basin to additional appropriations and amend these rules accordingly after public notice and hearing.

(1)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 late claim owner or owners as documented in the department's records.If payment is not received within 60 days the department shall send a second notice.If the processing fee is not received within 45 days of the second notice the department shall add a remark to the claim stating: "No processing fee has been received for this late claim.Total amount due $150.00." This remark will also be added to any late claim for which the department is unable to determine a correct address or new owner for a billing invoice that is undeliverable by United States mail.The department will complete its mailing notifications under this rule prior to June 30, 1996.

(2)For a statement of claim filed by a state agency from April 30, 1982 to July 1, 1996, the $150 processing fee must be paid to the department.The department will notify the state agency by billing invoice of the processing fee.The state agency must pay the processing fee to the department by July 30, 1997.If the processing fee is not received by July 30, 1997, the department shall add the remark provided under (1) to the claim.

(3)A processing fee is not required for a statement of claim for a right exempt under the provisions of 85-2-222 , MCA.

(2)All ground water appropriations (wells or developed springs) with a priority date after January 31, 1994 are subject to the following rule provisions.A permit application must be filed with the department of natural RESOURCES AND CONSERVATION if the development will be located within the boundaries of the Yellowstone controlled ground water area.A map of the boundaries is available from the department upon request.

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.

(2)Type "B" ground water permit applications are for appropriations of greater than 35 gpm or 10 AF/yr.An applicant for an appropriation of water with a proposed use that does not require water with a temperature of 60�F or more, may drill the proposed well subject to state law and the terms of the Compact, but shall not put the water to beneficial use until receipt of a permit.These applications must follow state law permit processing requirements in addition to certain Compact requirements.

(2)All applications must include a statement of whether the proposed use requires water with a temperature of 60�F or more.

(3)A type "A" permit applicant is not required to prove the 85-2-311 , MCA, permit issuance criteria.

(4)A type "B" permit applicant shall prove the criteria in 85-2-311 , MCA, prior to issuance.

(5)If an application, its corresponding well log or other verification indicates water of 60�F or more, the application must follow additional requirements set out in Article IV, section G.2.c.

(6)If an application is located in a basin tributary to a category 3 or 4 stream, the applicant must meet additional requirements set out in Article II, section B.2.b.

(7)Failure to meet the requirements in (2) , (4) , (5) or (6) renders the application defective and the application must be returned for completion according to state law.

(2)A copy of an "incorrect and incomplete" application must be returned to the applicant with a letter explaining the deficiencies.The BWRRO letter must contain a deadline for the applicant to correct the deficiencies and return the application copy.

(3)For type "A" permit applications no notice pursuant to 85-2-307 , MCA is required.The BWRRO shall only send notice to the national park service by means of a letter within 30 days after receipt of a correct and complete permit application.Enclosed with each letter must be a copy of the correct and complete permit application, a well location map, and a copy of the drillers well log report and supplement.A copy of each BWRRO letter must be sent to the following:

(a) the applicant;

(b) the MBM&G in Butte, Montana along with a copy of the well log report form.

(4)For type "B" permit applications the BWRRO shall send notice as in (3) and a copy of the general notice provided under 85-2-307 , MCA.

(2)All applicants, when filing a well log report and supplement, shall provide the following information:

(a)2� acre land description (����, section, township and range) ;

(b)ground elevation at well head;

(c)well depth;

(d)ground water level in well (static) ;

(e)flow rate or maximum pump rate;

(f)ground water temperature measured at well head; and

(g)specific conductance of the wells ground water.

(3) the Compact requires that with each ground water development the specific conductance and temperature of the water encountered be measured and recorded on the well log report form, or supplement provided by the BWRRO.

(4) the temperature that must be reported on the well log report form is of the water produced when the well is completed.This should be taken at the end of an air test or pumping period and only after the temperature of the water has remained constant for several minutes.The water sample for specific conductance must be collected and recorded using the same procedure.The temperature of the water could increase during an air test if the air is hot and especially if the yield of the well is low.Therefore, if the water temperature is 60�F or more during an air test, it is recommended that the well be pumped to more accurately determine the water temperature.

(5)Water samples taken for the purpose of testing specific conductance should be placed in a clean plastic or glass container that holds at least 8 fluid ounces (250 ml) .The BWRRO has sample bottles available and will provide the sample bottles to water well drillers who operate in the area on a regular basis.The sample bottle must be filled and capped with as little air in the container as possible.The container must be labeled with a name and address, department permit application number, date collected, and who collected the sample.The samples should be delivered to the BWRRO or make other arrangements to get the sample tested.

(a) 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 proposed appropriation is of ground water with characteristics to which the Compact restrictions concerning temperatures of 60� or more apply.

(b)No other objection may be filed by any person or entity.

(c)An objection must be filed on Form No. 611, Objection to Application.The objection must be received or postmarked on or before the 60 day time limit provided in the Compact to constitute a timely objection, along with the proper filing fee.An untimely objection may not be considered.

(d)Any national park service objection must set forth credible information that the appropriation is of ground water with characteristics to which restrictions established pursuant to Article IV of the Compact apply, or must provide credible information that the ground water proposed to be appropriated is hydrologically connected to the hydrothermal system within the reserved land of Yellowstone National Park based on scientific evidence according to the procedures in Article IV of the Compact.

(2)Objections to type "B" permit applications must comply with the following procedures:

(a)Any objection filed by the national park service must be filed on Form No. 611, Objection to Application.The objection must be postmarked on or before the deadline date specified in the public notice or received within 60 days from the date of mailing a well log report to be timely. The objection must be accompanied by the proper filing fee.An untimely objection may not be considered.

(b)Any national park service objection must set forth credible information as described in (1) (d) .

(c)When the national park service files a proper objection, the applicant shall provide credible information addressing the issue identified in the objection and the requirements in Article IV, section G.2.c.

(a) U.S. National Park Service-Montana Compact requires this right be issued in accordance with the Yellowstone controlled ground water area provisions of the January 31, 1994, U.S. National Park Service-Montana Compact. The department may modify or revoke this permit if the provisions of the Compact are not met; the character of the ground water produced changes such that a restriction applies pursuant to Article IV; or new restrictions are imposed as a result of Article IV, section J. Further modification may occur to limit the total withdrawal by day, month or year; to require a system of rotation of use within the controlled area; or adjust the total withdrawal from two or more wells in the area used by the same appropriator. The appropriator shall allow access to the well by the Montana bureau of mines and geology for water sampling as provided by the Compact. Further, this right is subject to the condition that the appropriator install an adequate metering device to allow the volume of water diverted to be recorded. The type and location of the meter must be determined by the department. The appropriator shall keep a written record of the volume of all waters diverted including the period of time, and shall submit said records by January 15 of each year and upon request to the Montana Bureau of Mines and Geology, Montana Tech, 1300 W. Park St., Butte, MT 59701-8997.

(b) The deadline to complete this permit and file a Project Completion Notice for Permitted Water Development (Form No. 617) is December 31, (specify year) .

(i) For type "A" permit applications, the project completion notice must be filed 60 days after completion of the appropriation. If you cannot meet the deadline above, the permittee shall contact the Bozeman water RESOURCES regional office for a new deadline.

(ii) For type "B" permit applications, if you cannot meet the deadline, the permittee shall file a Form No. 607, Application for Extension of Time, at least 30 days before the above deadline, otherwise the permit is void.

(c) This permit is subject to all prior existing water rights in the source of supply. Further, this permit is subject to any final determination of existing water rights, as provided by Montana law.

(d) Pursuant to 85-2-505 , MCA, to prevent ground water contamination, an operational back flow preventor must be installed and maintained by the appropriator if a chemical or fertilizer distribution system is connected to the well.

(e) This right is subject to 85-2-505 , MCA, requiring a well to be constructed so it will not allow water to be wasted or contaminate other water supplies or sources, and a flowing well must be capped or equipped so the flow of the water may be stopped when not being put to beneficial use. The final completion of the well(s) must include an access port of at least .50 inch so the static level of the well may be accurately measured.

(f) This permit is subject to the authority of the department to revoke the permit in accordance with 85-2-314 , MCA, and to enter onto the premises for investigative purposes in accordance with 85-2-115 , MCA. Further, the United States may accompany the department for the purposes of confirming well log information pursuant to Article IV, section G.2.b.v. of the Compact.

(g) Upon a change in ownership of all or any portion of this permit, the parties to the transfer shall file with the department a Water Right Ownership Update, Form No. 608, pursuant to 85-2-424 , MCA.

(2) Additional permit conditions may be placed on the permit as agreed upon by the parties and approved by the department, as required by the department, the hearing examiner, or Article IV of the Compact.

(1) Permittee shall file a project completion notice on Form No. 617 with the department pursuant to state law and Article IV of the Compact.

(2) A photograph or legible sketch of the actual flow meter installation must accompany Form No. 617.

(2) 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 be provided after a provisional permit is issued.

(3) A permittee may upon prior approval from the department purchase, install, and maintain a different type of meter than provided by the department, but only if the meter records the total volume of water used.

(4) The following general guidelines should be followed to properly install a meter:

(a) install meter in a frost free location;

(b) place in a horizontal position for optimum performance;

(c) use leak tight connections;

(d) install shut-off valves before and after the meter to prevent excessive water loss during servicing;

(e) locate the meter in a supply line with a diameter as near to the meter size as possible;

(f) provide access to meter for reading and service;

(g) maintain a continuous electrical connection around the meter;

(h) locate meter after any sand traps in the system; and

(i) any hydrants or outside faucets should be located after the meter to allow for total water use recording.

(5) The department shall determine the size of the meter and connections depending on water use in gallons per minute (gpm) and size of supply line into and from the pressure tank.

(a) Commonly used meter sizes are:

(i) 5/8" meter will accept up to a 3/4" pipe and a 20 gpm intermittent flow or 10 gpm continuous flow;

(ii) 3/4" meter will accept up to a 1" pipe and a 30 gpm intermittent flow or 15 gpm continuous flow;

(iii) 1" meter will accept up to a 1�" pipe and a 50 gpm intermittent flow or 25 gpm continuous flow; and

(iv) 1�" meter will accept up to a 2" pipe and 100 gpm intermittent flow or 50 gpm continuous flow.

(6) In cases where the meter is not installed to prevent freezing the meter, internal parts, or the base, the water meter must be removed, drained and later reinstalled. Gravity draining of the water lines is not sufficient to drain all the water from the bottom of the meter. Using air to blow out the water lines and meter, if done properly, may be sufficient to protect the meter from freezing.

(7) On or before January 15 of each year and upon request, the permittee shall report the annual metered water use to the MBM&G. The water use must be recorded on a form provided by the MBM&G.

(2) Approval to replace a well or spring development may only be to change the point of diversion, place of use, place of storage, or the use.

(3) Any well or spring development change must be from the same source and the rate and volume of water use may not increase.

(4) An increase in rate or volume of water used, period of appropriation or use, or change in source requires a new permit application and approval from the department in accordance with state law and the Compact provisions.

This rule has been repealed.

(1)  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. 

(2)  A written request for a preapplication meeting must identify the following elements of the proposed permit or change in appropriation:

(a)  the flow rate and volume of water required;

(b)  the point of diversion;

(c)  the place of use;

(d)  the source of water;

(e)  the purpose;

(f)  for changes, the water right(s) proposed to be changed;

(g)  for changes, an explanation of historical use of the right(s) proposed for change;

(h)  any proposed places of storage, if applicable; and

(i)  for applications proposing a new well or wells, the well depth(s) and location.

(3)  A preapplication meeting must be documented by a department-provided preapplication meeting form that identifies: 

(a)  all necessary technical analyses and whether the analyses will be completed by the applicant or the department;

(b) applicable aquifer testing requirements, measurement requirements, variances to be requested, or planned mitigation; and

(c) any additional information necessary for completion of the technical analyses identified by the preapplication meeting form under (3)(a).

(4)  If the technical analyses are to be completed by the department, the 45-day department deadline for completion of the technical analyses will be set upon receipt of the preapplication fee, receipt of the information provided for in (3)(b) and (c), and signed preapplication meeting form.  These items must be received within 180 days of the preapplication meeting.

(5)  If the technical analyses are to be completed by the applicant, the 45-day department deadline for scientific credibility review of technical analyses (ARM 36.12.1303(8)) will be set upon receipt of the preapplication fee, receipt of the applicant's technical analyses, and signed preapplication meeting form.  These items must be received within 180 days of the preapplication meeting.

(6)  An applicant does not qualify for a discounted filing fee provided for in ARM 36.12.103 and expedited timelines provided for in ARM 36.12.1501 if:

(a)  upon submittal of the application to the department, the applicant has changed any element of the proposed application after the 180-day timeline in (4) or (5); or

(b)  the application is not filed within 180 days of the department's completion of technical analyses.

(7)  The preapplication meeting procedure for a combined permit and change application documented on the preapplication meeting form, will be conducted as follows:

(a)  The applicant will be required to complete two preapplication meetings pursuant to (1) through (3) to receive a full discount of the application fees.  Each preapplication meeting will require the fee set forth in ARM 36.12.103.

(b)  A preapplication meeting for the permit will be conducted first.  The technical analyses completed for the permit application will identify information necessary to consider for the change application.

(c)  A preapplication meeting for the change will be conducted once the applicant has gathered the information needed under (2).

(d)  The combined permit and change application must be filed with the department within 180 days from the date of completion of the technical analyses for the change application.  The 180-day timeframe will apply to both the permit and change application and will not start until completion of the technical analyses for the change application.

(8)  Any technical analyses completed by the department expire one year from the technical analysis completion date.

(1)  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 conduct technical analyses necessary to evaluate criteria if not provided by the applicant.  It remains the applicant's burden to prove the criteria. 

(2)  For surface water permit applications, the following technical analyses are required:

(a)  a surface water analysis pursuant to ARM 36.12.1702, which must include:

(i)  for perennial or intermittent streams where measurement records are available, the gage name, location, period of record, and calculated median of the mean monthly flow rate and volume;

(ii)  for perennial or intermittent streams where measurement records are not available, an estimated mean monthly flow rate and volume, and identify the estimation technique and basin characteristics used for the estimation;

(iii)  for ephemeral streams, an explanation of the method used to calculate mean annual runoff and associated climate and drainage area data; and

(iv)  for lakes, the source of the bathymetric data and associated volume or description of the method and associated data used to calculate volume;

(b)  an analysis of the area of potential impact.

(3)  For surface water change applications, the following technical analyses are required:

(a)  a historical use analysis pursuant to requirements in ARM 36.12.1902;

(b)  an analysis of impacted surface water sources;

(c)  for irrigation water rights changing the place of use or purpose, a return flow analysis of historical return flows and projected return flows for the amount of water being changed.  This analysis must include:

(i)  amount of return flow;

(ii)  location of return flow; and

(iii)  if water rights are identified which will be impacted by a change in return flow, the return flow analysis must include a monthly breakdown of the rate and timing of return flow and evaluate impacts to the identified rights;

(d) for applications with proposed mitigation, an analysis of the net effect to hydraulically connected surface water(s); and

(e) for applications where aquifer recharge is proposed for mitigation, an analysis of the monthly accretions to hydraulically connected surface water(s). 

(4)  For groundwater permit applications in an open basin, the following technical analyses are required:

(a)  a groundwater analysis pursuant to ARM 36.12.1703, which must include:

(i)  aquifer transmissivity and storage coefficient;

(ii)  maximum drawdown and remaining available water column in the proposed point of diversion(s);

(iii)  0.01-foot drawdown contour;

(iv)  location and distance between the proposed point of diversion(s) and the 0.01-foot drawdown contour;

(v)  annual groundwater flux through the 0.01-foot drawdown contour, annual groundwater recharge, or annual groundwater discharge.  The quantification must be in acre-feet per year; and

(vi)  all groundwater rights with points of diversion within the 0.01-foot drawdown contour or area of potential impact;

(vii)  1-foot drawdown contour, which is based on five years of constant pumping, which is derived from the requested annual volume and apportioned monthly based on the proposed period of diversion;

(viii)  distance and location on a map between the proposed point of diversion(s) and the 1-foot drawdown contour;

(ix)  all groundwater rights within the 1-foot drawdown contour; and

(x)  remaining available water column for each groundwater point of diversion identified in (ix);

(b)  a surface water depletion analysis, which must include:

(i)  hydraulically connected surface water(s) to the source aquifer for the proposed point of diversion; and

(ii)  annual consumed volume and monthly rate and volume of net depletion to hydraulically connected surface water(s);

(c)  a surface water analysis, which must include:

(i)  for perennial or intermittent streams where measurement records are available, the gage name, location, period of record, and calculated median of the mean monthly flow rate and volume;

(ii)  for perennial or intermittent streams where measurement records are not available, an estimated mean monthly flow rate and volume, and identify the estimation technique and basin characteristics used for the estimate;

(iii)  for ephemeral streams, an explanation of the method used to calculate mean annual runoff and associated climate and drainage area data; and

(iv)  for lakes, the source of the bathymetric data and associated volume or description of the method and associated data used to calculate volume;

(d)  an analysis of the area of potential impact.

(5)  For groundwater change applications, the following technical analyses are required:

(a)  a historical use analysis pursuant to requirements in ARM 36.12.1902;

(b) for applications changing the point of diversion, a groundwater analysis, which must include:

(i)  aquifer transmissivity and storage coefficient;

(ii)  maximum drawdown and remaining available water column in the proposed point of diversion(s);

(iii)  1-foot drawdown contour, which is based on five years of constant pumping, which is derived from the requested annual volume and apportioned monthly based on the proposed period of diversion;

(iv)  the distance and location on a map between the proposed point of diversion(s) and the 1-foot drawdown contour;

(v)  all groundwater rights within the 1-foot drawdown contour; and

(vi)  remaining available water column for each groundwater point of diversion identified in (v);

(c)  for applications changing the point of diversion or place of use, surface water depletion analysis, which must include:

(i)  hydraulically connected surface water(s) to the source aquifer for the proposed point of diversion; and

(ii)  historic and proposed annual consumed volumes and monthly rate and volume of net depletion to hydraulically connected surface water(s); and

(iii)  a comparison of the historical net depletion and new net depletion to hydraulically connected surface water(s);

(d)  for irrigation water rights changing the place of use or purpose, a return flow analysis of historical return flows and projected return flows for the amount of water being changed.  This analysis must include:

(i)  amount of return flow;

(ii)  location of return flow; and

(iii)  if water rights are identified which will be impacted by a change in return flow, the return flow analysis must include a monthly breakdown of the rate and timing of return flow and evaluate impacts to the identified rights;

(e)  for applications with proposed mitigation, an analysis of the net effect to hydraulically connected surface water(s); and

(f)  for applications where aquifer recharge is proposed for mitigation, an analysis of the monthly accretions to hydraulically connected surface water(s).

(6)  For groundwater permit applications in a closed basin, in addition to technical analyses required under (4), the following technical analyses are required:

(a)  hydrogeologic report conducted pursuant to 85-2-361, MCA.

(7)  Technical analyses completed by the applicant must be submitted with the permit or change application.

(8) The department will evaluate technical analyses completed by the applicant for scientific credibility. The scientific credibility review will evaluate the methodology, quality of the analysis, and relevance of the data used for the technical analyses.

(1)  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.  

(2)  The department will not accept a permit application and will not assign a priority date if any of the following items are missing:

(a)  the flow rate and volume of water;

(b)  the point of diversion;

(c)  the place of use;

(d)  the source of water;

(e)  the purpose;

(f)  the applicant's signature;

(g)  for a groundwater well, aquifer testing results conforming to ARM 36.12.121;

(h)  for projects proposed in sage grouse habitats designated as a core area, general habitat, or a connectivity area, a letter from the Montana Sage Grouse Habitat Conservation Program stating the project is consistent with Executive Orders 12-2015 and 21-2015; and

(i)  the appropriate filing fee in ARM 36.12.103.

(3)  Separate applications are required for:

(a)  each source of supply; or

(b)  different purposes or places of use supplied by different points of diversion on the same source.  If the entire project is manifold into one system, then a single application is allowed.

(4)  One application is allowed for:

(a)  one purpose and multiple points of diversion on the same source; and

(b)  for several purposes, if all the points of diversion supply all of the same purposes.

(5)  The time needed to complete construction and put the water to beneficial use must be identified.  Information must be included in the application materials that justify the requested time.

(1)  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.  

(2)  The department will not accept a change application if any of the following items are missing:

(a)  the water right element(s) proposed for change;

(b)  the water right number for each water right changed;

(c)  the proposed diverted flow rate and diverted volume of water for each changed right;

(d)  the applicant's signature;

(e)  for projects proposed in sage grouse habitats designated as a core area, general habitat, or a connectivity area, a letter from the Montana Sage Grouse Habitat Conservation Program stating the project is consistent with Executive Orders 12-2015 and 21-2015; and

(f)  the appropriate filing fee in ARM 36.12.103.

(3)  An application for a temporary change must meet the same rule requirements as those for a permanent change application.

(4)  In addition to the change application rules, an applicant proposing to temporarily change to instream flow must submit the information required under 85-2-407 and 85-2-408, MCA, or 85-2-436, MCA.

(5)  Only an owner of record, as shown in the department's water right records, can apply to change a water right, except if a change application is for a water right lease pursuant to 85-2-436, MCA, the change applicant must be the Montana Department of Fish, Wildlife and Parks.

(a)  For water rights that are co-owned, all owners shall sign the application form consenting to the change.

(6)  Multiple water rights may be changed on one application if the place of use and purpose will be exactly the same for each water right, and all water rights will share a common conveyance system.

(7)  The time needed to complete and put the change into operation must be identified.  Information must be included in the application materials that justify the requested time.

(8)  For a change application that only adds stock tanks to an existing stock water system:

(a)  Form No. 606 and any applicable addendum(s) must be completed and must describe the details of the proposed project;

(b)  the applicant must explain the extent of the historical use, including the flow rate and volume, for each water right proposed for change;

(c)  the applicant must provide information to show that the historical diverted flow rate will be adequate for the new use; and

(d)  for changes from instream stock rights based on 85-2-222, MCA, to stock tank(s), the maximum flow rate authorized for the new use will be 35 gallons per minute unless the applicant demonstrates a higher historical rate.

(1) 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.

(2) Modification of an element of a permit or change application requires an application amendment Form No. 655 to be submitted to the department which identifies the elements being modified;

(3)  Modification of an element will reset the statutory timelines for application processing identified in 85-2-302 and 85-2-307, MCA.

(a)  If the applicant completed a preapplication meeting and the modification does not require the department to update its technical analyses, the reduced preapplication timelines shall still apply.

(b)  If the applicant completed a preapplication meeting and the modification requires the department to update any of its technical analyses, the reduced preapplication timelines shall no longer apply.

(4) An applicant may change the name on an application before publication by notifying the department in writing. For name changes after an application has been published and objections have been received, an applicant must notify the department and all parties in writing.

(5) In addition to resetting timelines identified in (1), the priority date of a permit application will be changed to the date the last modification was made if a modification changes the nature or scope of the permit application information. A change in the nature or scope of the permit includes the following types of modifications:

(a) the flow rate is increased;

(b) the volume is increased;

(c) the acreage is increased;

(d) the period of diversion is expanded;

(e) the source of supply is changed;

(f) the point of diversion is changed;

(g) the place of use is changed;

(h) the purpose is changed;

(i) the period of use is expanded, unless the application involves a use from a reservoir and the impact would not change; and

(j) any modification where the effect on the source of supply or its tributaries changes the impact described from the originally submitted information.

(6)  If the draft preliminary determination is to deny or to grant with modifications, the applicant may modify their application, after the draft preliminary determination has been issued.  The applicant may modify their application only if they have been granted an extension of time under 85-2-307(3), MCA, and may only modify it one time under this provision.

(1) 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 change application. The defects and the administrative rules not met will be identified in the deficiency letter.

(a)  If a preapplication meeting is held, and the application is filed in compliance with ARM 36.12.1302, the applicant will be notified of any defects within 15 business days of receipt of the application by the appropriate regional office.

(b)  If there was no preapplication meeting, the applicant will be notified of any defects within 30 business days of receipt of the application by the appropriate regional office.

(2) If all of the requested information in the deficiency letter is not postmarked or submitted within 120 days of the date of the deficiency letter, the permit or change application will be terminated and the application fee will not be refunded.

(1) The department shall determine whether an application for a provisional permit or change authorization is correct and complete by reviewing:

(a) information publicly available within its expertise; and

(b) that information which is submitted in the application.

(2)  A correct and complete application must conform to the standard of substantial and credible information and all applicable sections of the application form and addendums must be completed with the required information.

(3) An application deemed correct and complete can advance to the next stage of the application process.

(4) An application deemed correct and complete does not entitle an applicant to a provisional permit or change authorization.

(5) Providing correct and complete information is not the same as proving the statutory criteria. The department can only grant an application if the criteria for issuance of a permit or change application are proven.

This rule has been repealed.

(1) Physical availability for perennial or intermittent streams will be determined based on monthly flow rate and volume.

(a) If stream gage records are available, or the source has been otherwise measured, or quantified, those measurement records will be used to quantify physical availability using the median of the mean monthly flow rate and volume during the proposed months of diversion.

(b)  If measurement records pursuant to (1)(a) are not available, mean monthly flow rate and volume of water physically available may be estimated using a department-accepted method in conjunction with applicant collected flow measurements to validate the estimation technique.  The applicant must collect a minimum of three measurements that reflect high, moderate, and low flows during the period of diversion.  The applicant shall explain how the measurements are representative of high, moderate, and low flows.

(2)  Physical availability for ephemeral streams will be determined based on annual runoff volume above the proposed point of diversion using climate and drainage area data.

(3)  Physical availability for a lake will be determined based on stored volume.

(a)  If the volume of a lake has been quantified by a qualified entity based on bathymetric data, that volume will be used to quantify physical availability.

(b)  If the volume of a lake has not been quantified pursuant to (3)(a), volume may be quantified by a qualified professional based on department-approved methodology.

(4)  For all other source types, physical availability of water will be determined based on monthly flow rate and volume.  The applicant is required to collect measurements for these sources once monthly at department-approved intervals during the proposed period of diversion.

(5) Streamflow measurements required in (1)(b) and (4) must include a description of the methodology used to collect measurements and include all data collected.

(6)  The department will determine the acceptability of measurements based on the information submitted.  Measurements collected by an applicant must be measured in CFS or GPM and be collected at a department-approved location on the source of supply. The department may require from the applicant additional information and data necessary to complete its analysis.

(7)  An applicant may make a written request for a variance from the measurement requirements in (1)(b) or (4) as provided for in ARM 36.12.123.

(1)  Applicants for groundwater from a developed spring must provide monthly flow measurements taken at regular intervals or at department-approved intervals during the proposed period of diversion.  Measurements must be submitted with all information and data necessary for department analysis.  The department will determine the acceptability of measurements based on the information submitted.  Electronically formatted records may be required. An applicant cannot receive a variance from the monthly measurement requirement for developed springs.

(2) Applicants for groundwater from a means of diversion other than a developed spring must follow aquifer testing requirements and provide to the department information and data in conformance with ARM 36.12.121 unless a variance has been granted by the department under ARM 36.12.123.

(3)  Physical availability of groundwater will be determined using the measurements in (1), evaluation of the aquifer test data in (2), or using published groundwater data.

(1) The department will identify and quantify the existing legal demands of water rights on the source of supply and those waters to which it is tributary and which the department determines may be affected by the proposed appropriation. 

(a) For groundwater appropriations, this shall include identification and quantification of existing legal demands of water rights for any surface water source that the department determines will be depleted as a result of the groundwater appropriation.

(2)  The department will compare the physical water supply at the proposed point of diversion and the legal demands of water rights within the area of potential impact to determine if water is legally available for the proposed permit.  For groundwater permits, the department will compare the physical water supply and existing legal demands for impacted groundwater sources and surface water sources it determines will be depleted pursuant to (1)(a), to determine if water is legally available.

(a)  The department may consider an applicant's mitigation or aquifer recharge plan as evidence that water is legally available.

(b)  The department may consider additional water right information as evidence that water is legally available.

This rule has been repealed.

(1) An application must include a plan to address adverse effect.  The plan must establish how the applicant will comply with a call and describe how the appropriation can be regulated during times of water shortage so the water rights of prior appropriators will not be adversely affected.

(2) The adverse effect plan may include:

(a) an agreement to measure appropriations and monitor water supplies;

(b) a plan to appropriate only when stream flows exceed certain trigger flow levels;

(c) the use of a mitigation or aquifer recharge plan as a means of offsetting adverse effect; or

(d) other conditions necessary to prevent adverse effects.

(3) For groundwater applications, the department will evaluate how water levels in wells of prior water rights could be lowered and the rate, timing, and location where water flow could be reduced by any amount from hydraulically connected surface waters.

(1) The diversion works must be capable of diverting the amount of water requested to accomplish the proposed use without unreasonable loss through design or operation.

(2) The diversion works must conform to current industry design, construction, and operation standards.

(3) Wells must be constructed according to ARM Title 36, chapter 21, subchapter 6.

(4) The applicant shall describe how the proposed system will be operated, from point of diversion through the place of use and on through the discharge of water, if any.

(5) Preliminary design plans and specifications for the diversion and conveyance facilities and the equipment used to put the water to beneficial use must be submitted including the following:

(a) the proposed flow rate and volume design capacity;

(b) the expected overall efficiency, including diversion, conveyance, and system efficiencies;

(c) system design, construction, or operation features which are intended to reduce or eliminate adverse effects on other water rights; and

(d) the flow rate and operation of diversions must be described, including the proposed diversion schedule.

(6) For developed springs, an explanation of how the spring will be developed must be included.

(7)  For groundwater wells, the department will compare the drawdown projected for the proposed period of diversion to the height of the water column above the bottom of the proposed production well to determine if the well design is adequate for the proposed appropriation.

(1) Water may be appropriated for beneficial use:  

(a) by a governmental entity for the public;

(b) by a person for the sale, rent, or distribution to others; or

(c) by a person for the person's own use, unless provided otherwise by statute; or

(d) for other person's use, according to law.

(2) The applicant must explain the following:

(a) how the purpose for the water benefits the applicant or other persons as authorized by law; and

(b) that the requested flow rate and volume for each purpose is reasonably needed to accomplish that purpose.

(3) The applicant does not need to explain that the flow rate or volume for each purpose is reasonable if:

(a) the requested volume of water for each purpose conforms to standards set out in ARM 36.12.115 for a permit application or ARM 36.12.1902 for a change application; and

(b) there are no other associated or overlapping water rights appurtenant to the proposed place of use. 

(a) the statements on the application and all information submitted with the application are true and correct; and

(b) except in cases of an instream flow application, or where the application is for sale, rental, distribution, or is a municipal use, or in any other context in which water is being supplied to another and it is clear that the ultimate user will not accept the supply without consenting to the use of water on the user's place of use, the applicant has possessory interest in the property where the water is to be put to beneficial use or has the written consent of the person having the possessory interest.

(2) If a representative of the applicant signs the application form affidavit, the representative shall state the relationship of the representative to the applicant on the form, such as president of the corporation, and provide documentation that establishes the authority of the representative to sign the application, such as a copy of a power of attorney.

(3) The department may require a copy of the written consent of the person having the possessory interest.

This rule has been repealed.

(1) The description of the historic information is related to a date that is dependent on the type of water right being changed. The following dates are applicable for each type of water right:

(a) historic information for a statement of claim must be described as it was used prior to July 1, 1973, unless the Water Right Claim was subject to a previous change in which case it is the date of completion of the change;

(b) historic information for a provisional permit must be described as it was

used at the filing date of the completion notice;

(c) historic information for a certificate of water right must be described as it

was used at the filing date of the completion notice;

(d) historic information for an exempt or nonfiled water right must be

described as it was completed prior to July 1, 1973; and

(e) when a change application has been granted on or after July 1, 1973, the department may request additional historic information for a statement of claim as it was used prior to July 1, 1973.

(2) Final Water Court approved stipulations and master's reports related to the water right being changed must be referenced with the application; however, this information or an abstract of a water right from the department or the Montana Water Court by itself is not sufficient to prove the existence or extent of the historical use.

(3) The amount of water being changed for each water right cannot exceed or increase the flow rate historically diverted under the historic use, nor exceed or increase the historic volume consumptively used under the existing use.

(a) The department may use column H in Table 1 for proposed irrigation to compare the historic consumptive use (HCU) to the amount of water being changed.

(4) The department shall compare historical acres irrigated to acres identified as irrigated in the Water Resources Survey, if available for the place of use. If the Water Resources Survey does not support the historical irrigation alleged in the application, the applicant shall explain why. Information from irrigation journals, logs, or old aerial photographs can be submitted for consideration.

(5) For an application to change multiple irrigation water rights, the total number of acres for each water right located within the place of use must be identified.

(6) For an application to change water rights that overlap the historic place of use, an applicant shall include those water rights in the change application or shall explain how each of the water rights has been historically used and how the unchanged water rights will be used if the change authorization were granted. If water will continue to be used at the historic place of use, the applicant shall explain how the continued use will not increase the combined historic maximum diverted flow rate, the historic diverted volume, and the historic consumptive volume.

(7) The department will corroborate the historic use, including the following of each water right being changed:

(a) water right number and the priority date;

(b) most recent year the water right was used;

(c) historic point of diversion;

(d) historic period of diversion;

(e) historic means of diversion;

(f) typical historic diversion schedule and operation pattern;

(g) means of conveyance;

(h) historic ditch capacity;

(i) maximum historic flow rate diverted from each point of diversion and how the amount was determined;

(j) historic place of use for each purpose;

(k) maximum number of acres historically irrigated;

(l) typical historic period of use for each purpose;

(m) annual or monthly historic diverted volume and how this amount was determined;

(n) the annual or monthly historic consumptive volume for each purpose;

(i) for irrigation, an applicant may choose to use the methodology described in (16); and

(ii) for irrigation, an applicant who chooses not to use the methodology described in (16), shall provide the factual basis for the historic consumptive volume calculation and why the historic consumptive use is less than or greater than the methodology described in (16);

(o) the historic efficiency including the diversion, conveyance, and overall system;

(p) the legal land description of a reservoir;

(q) the maximum volume in acre-feet of stored water;

(r) evaporation loss of stored water (evaporation standards can be found in ARM 36.12.116);

(s) maximum number of times a reservoir was filled during a year; and

(t) maximum period of time when water was legally collected for storage.

(8) The following information may be used by the department to establish the requirements under (7):

(a) aerial photographs depicting irrigated land:

(i) 1979, 1997, and 2005 photos showing the irrigated land;

(b) aerial or other photographs showing diversion or conveyance structures;

(c) Water Resources Survey book information;

(d) Water Resources Survey field notes;

(e) water commissioner field notes;

(f) Natural Resources Conservation Service (NRCS) information, such as field specific soils information;

(g) affidavits from persons with first-hand knowledge of historic use;

(h) calculation of historic ditch capacities;

(i) description of irrigation equipment, field treatments, means of conveyance, control structures, and other onsite features related to water use;

(j) description of water supply availability;

(k) log books or diaries of previous irrigators or farm operations, crop yield records, or diversion records; or

(l) an evaluation of the seniority of the water right in relation to other users.

(9) The annual or monthly historic diverted volume must be based on the appropriator's typical historic operation of their diversion, irrigation, and harvest schedule throughout the period of diversion and the period of use. If applicable, in addition to the information required in 36.12.1902(7), if a secondary diversion from a ditch or reservoir exists, an applicant shall identify the diversion means and the typical operation of that secondary diversion.

(10) The department shall calculate the historic diverted volume for water rights with the purpose of irrigation using the following equation: Historic Diverted Volume = (Volume_{historic consumptive use}/On-farm efficiency) + Volume_{conveyance loss}:

(a) "conveyance loss" means the portion of water diverted at the headgate that does not arrive at the irrigated place of use due to seepage and evapotranspiration from the ditch;

(b) "seepage loss" means ((flow area)*(ditch length)*(loss rate)*(days))/43,560 ft²/ac; and

(c) "on-farm efficiency" refers to the percent of the water delivered to the field that is used by the crop.

(11) If the applicant chooses not to use the methodology in (10), they shall provide additional information on the Historic Water Use Addendum.

(12) Historic consumptive volume must be based on the acre-feet of water used for the beneficial purpose, such as water transpired by growing vegetation, evaporated from soils or water surfaces, or incorporated into products that do not return to ground or surface water.

(13) The following may be used to calculate ditch capacity, historic available water supply, and reservoir capacity:

(a) Manning's equation;

(b) Orsborn's equation;

(c) Blaney-Criddle equation; and

(d) the department will determine the acceptability of other reports or methods on a case-by-case basis.

(14) The historic consumptive use methodology that the department shall use to determine historic consumptive use for water rights with a purpose of irrigation is based on data from the United States Department of Agriculture (USDA) National Agricultural Statistics Service (NASS), and generated using the USDA NRCS Irrigation Water Requirements (IWR) program. If the applicant chooses not to accept the methodology used by the department, the applicant shall provide additional information on the Historic Water Use Addendum.

(15) IWR Data for Seasonal Alfalfa Evapotranspiration County Management Factor are shown in Table 1 and will be used by the department to identify the historic consumptive volume unless additional information is provided by the applicant on the Historic Water Use Addendum. If this table is used to establish the historic consumptive volume, the department will recognize that volume as a reasonable calculation, unless a valid objection is received which offers proof that the volume is inaccurate.

(16) To determine the historic consumptive volume using the table, the department will complete the following steps:

(a) determine which weather station (column B) is the most representative for the place of use (column C). The most representative weather station may not be in the county of the place of use, but must be nearby and about the same elevation and climatic conditions as the irrigated acres. A map showing the weather stations is located on the Internet at:https://dnrc.mt.gov/_docs/water/Water-Rights-Forms/IWR_weatherstation_location_map.pdf;

(b) find the evapotranspiration inches based on whether the historic irrigation is flood, wheeline, handline, or center pivot, to estimate the historic IWR (columns D or E);

(c) identify the county in which the irrigated acres are located to determine the county management factor percentage (column F or G);

(d) multiply the IWR estimate found in column D or E by the management factor percentage in column F or G. The result is the number of inches used per irrigated acre;

(e) multiply the number of total acres within the historic place of use by the county adjusted inches used per irrigated acre calculated in (d) above to determine the historic consumptive inches for those acres; and

(f) divide the cumulative historic consumptive inches from (e) by 12 to determine the cumulative historic consumptive acre-feet for the total acres.

(g) If the historic consumptive volume determined by this methodology exceeds the historic diverted amount, the department may request additional information in order to resolve the discrepancy. This may result in a reduction of the consumptive volume.

�

Table 1 - Montana County Weather Station IWR Data for Seasonal Alfalfa Evapotranspiration and Montana County Management Factor.

Column A � � � � � � � � � County	Column B � � � � � � � � Weather Station	Column C � � � � � � � � � Elevation	Column D � � � IWR Flood Irrigation, Wheeline & Handline Seasonal ET (inches)	Column E � � � � � IWR Center Pivot Irrigation Seasonal ET (inches)	Column F � � � � Management Factor Percentage 1964 � 1973 (pre-July 1, 1973 HCU)	Column G � � � � Management Factor Percentage 1973 � 2006 (post-July 1, 1973 HCU)	Column H � � � � Management Factor Percentage 1997 � 2006 (proposed use)
Beaverhead	Dillon	5239	18.34	20.74	63.7%	82.8%	88.3%
�	Wisdom	6060	7.34	9.29	�	�	�
�	Jackson	6480	8.35	10.30	�	�	�
�	Lakeview	6710	8.39	10.67	�	�	�
�	Lima	6583	13.75	16.01	�	�	�
Big Horn	Busby	3430	20.32	22.88	55.4%	78.7%	88.1%
�	Hardin	2905	27.46	29.96	�	�	�
�	Hysham 25	3100	20.25	22.86	�	�	�
�	Wyola	3750	19.19	21.89	�	�	�
�	Yellowtail Dam	3305	28.07	31.30	�	�	�
Blaine	Chinook	2420	20.80	23.57	58.7%	63.6%	66.0%
�	Harlem	2362	21.62	24.27	�	�	�
Broadwater	Townsend	3840	19.42	21.88	69.2%	79.5%	87.1%
�	Trident	4040	20.64	23.31	�	�	�
Carbon	Joliet	3776	22.41	25.12	58.3%	66.8%	70.8%
�	Red Lodge	5500	15.57	18.41	�	�	�
Carter	Ekalaka	3425	20.13	23.14	38.4%	54.7%	54.1%
�	Ridgeway	3320	20.28	23.01	�	�	�
Cascade	Cascade 20	4600	14.12	16.63	57.3%	70.0%	78.8%
�	Cascade 5	3360	17.90	20.75	�	�	�
�	Great Falls	3675	19.78	22.55	�	�	�
�	Neihart	4945	12.17	15.08	�	�	�
�	Sun River	3340	18.10	20.65	�	�	�
Chouteau	Big Sandy	2700	21.52	24.37	52.5%	64.9%	77.9%
�	Fort Benton	2640	21.98	24.75	�	�	�
�	Geraldine	3130	20.30	23.27	�	�	�
�	Iliad	2950	21.55	24.27	�	�	�
�	Loma	2700	22.64	25.37	�	�	�
�	Shonkin	4300	13.32	16.70	�	�	�
Custer	Miles City	2628	26.68	29.55	54.5%	72.0%	81.1%
�	Mizpah	2480	23.80	26.57	�	�	�
�	Powderville	2800	24.83	27.68	�	�	�
Dawson	Glendive	2076	26.01	28.99	56.8%	63.6%	72.0%
Deer Lodge	No weather station	�	�	�	See appropriate adjacent county