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Rule Title: PERMIT APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION
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Department: NATURAL RESOURCES AND CONSERVATION
Chapter: WATER RIGHTS BUREAU
Subchapter: Permit Application Requirements
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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36.12.1707    PERMIT APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION

(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.

 

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2023 MAR p. 1872, Eff. 1/1/24.


 

 
MAR Notices Effective From Effective To History Notes
36-22-219 1/1/2024 Current History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2023 MAR p. 1872, Eff. 1/1/24.
1/1/2005 1/1/2024 History: 85-2-113 and 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.
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