12.4.105    PETITIONS RELATING TO ALTERING RECREATIONAL USE OF CLASS I OR CLASS II RIVERS AND STREAMS

(1) Any person may petition the commission for an order altering limitations, restrictions, or prohibitions on recreational use of class I or class II rivers and streams ordered by the commission pursuant to ARM 12.4.104 or 12.4.106.

(2) A petition under this section must meet the requirements of ARM 12.4.103(2) and must specifically allege one or more of the following facts in support of the request for commission action:

(a) that because of changed circumstances the previous order of the commission is no longer necessary or appropriate; or

(b) that the damage alleged in the petition requesting the previous order of the commission did not in fact occur or was caused primarily by use other than public use.

(3) Each allegation in the petition must be accompanied by specific data and documentation.

(4) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9) , and may alter any restriction on recreational use no longer necessary or appropriate, provided the alteration is the least disruptive to public recreational use and still provides the necessary protection.

History: 87-1-303, MCA; IMP, 23-2-302 MCA; NEW, 1985 MAR p. 917, Eff. 7/12/85.