36.13.101    DEFINITIONS

Unless the context requires and clearly states otherwise, in these rules:

(1) "Appropriation facility" means a system including structures used to divert, impound, or withdraw water from a watercourse and convey water for a beneficial use.

(2) "Board" means the board of natural RESOURCES AND CONSERVATION provided for in Title 2, chapter 15, part 33.

(3) "Chronically dewatered watercourse" means a watercourse or portion of a watercourse identified by the department pursuant to section 85-2-150, MCA.

(4) "Department" means the department of natural RESOURCES AND CONSERVATION provided for in Title 2, chapter 15, part 33.

(5) "Director" means the director of the department or his/her designee.

(6) "Natural overflow" means the water which results in the flooding of lands adjoining streams during high flow with no man-made diversion involved.

(7) "Operator" means the owner or any other person having a right, title, or other interest in an appropriation facility or is responsible for the management of the appropriation facility.

(8) "Owner" means the individual, association, partnership, corporation, state agency, political subdivision, the United States or any agency thereof, or any other entity having a water right or interest in an appropriation facility.

(9) "Suitable controlling device" means a headgate or other adjustable structure to regulate the amount of water diverted from a watercourse. The suitable controlling device must be capable of being closed completely and to adequately vary the amount of water diverted into a ditch, canal, pipeline or other conveyance system.

(10) "Suitable measuring device" means a structure, gauging station or meter that determines the amount of water being diverted into an appropriation facility. The suitable measuring device may be integrated and be a part of a suitable controlling device or it may be separate. Plans and/or specifications of measuring devices must be approved by the department prior to installation. The suitable measuring device must be capable of measuring one hundred twenty five per cent (125%) of the flow rate of the appropriative or reserved water right. The measuring device must be located as close as is reasonably possible to the point of diversion from the watercourse.

(11) "Water measurement program" means the program established by the 1991 legislature through HB 908 and codified in 85-2-113(4) , 85-2-150, and 85-1-602, MCA. The purpose of the program is to more closely manage water uses from chronically dewatered watercourses.

(12) "Watercourse" means any naturally occurring stream or river from which water is diverted for beneficial uses. It does not include ditches, culverts, or other manmade waterways.

(13) "Water spreading" means surface flood irrigation involving the diversion of occasional (flood or runoff) surface water from natural, usually nonperennial, watercourses by means of dams, dikes, or ditches, or a combination of these. It differs from conventional irrigation because it is totally dependent on and regulated by the availability of water, not crop needs.

History: Sec. 85-2-113, MCA; IMP, Sec. 85-2-113, MCA; NEW, 1993 MAR p. 561, Eff. 4/16/93.