36.12.2001    SALVAGE WATER APPLICATIONS

(1) Salvage water, defined at 85-2-102(20), MCA includes seepage, wastewater, or deep percolation water and may be used by the appropriator, moved to other lands, leased, or sold after implementing a water saving method and proving lack of adverse effect to other water rights.

(2) In addition to the rules for change applications, a salvage water application must include a report documenting the volume of water that is being saved by the proposed water saving method.

(3) For the purpose of implementing 85-2-419, MCA, the destruction of phreatophytes is not a water saving method. For example, one cannot deforest the cottonwoods or other trees or brush on a source to obtain salvage water.

(4) Salvaged water includes water lost to deep percolation when the applicant provides geohydrologic evidence that deep percolation occurs

 

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, 85-2-402, 85-2-419, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12.