BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

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To: All Concerned Persons

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1. On April 12, 2007, the Department of Natural Resources and Conservation published MAR Notice No. 36-22-118 regarding a notice of public hearing on the proposed amendment of the above-stated rules at page 456, 2007 Montana Administrative Register, Issue No. 7. In a separate rulemaking action, on April 26, 2007, ARM 36.12.101 was amended per court order at page 508, 2007 Montana Administrative Register, Issue No. 8.

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2. A public hearing was held on May 2, 2007. The deadline for written comments was May 10, 2007. The department has decided to reopen the comment period for further comment. The department is extending the comment period to July 5, 2007, in order to allow interested parties further opportunity to comment on the above-stated rules.

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3. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on June 21, 2007, to advise us of the nature of the accommodation that you need. Please contact Kim Overcast, Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT 59620; fax (406) 444-5918; or e-mail [email protected].

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4. Concerned persons may submit their data, views, or arguments, in writing to Kim Overcast, Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT 59620; fax (406) 444-5918; or e-mail [email protected], and must be postmarked no later than July 5, 2007.

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5. If persons who are directly affected by the proposed amendment wish to express their data, views, and arguments orally or in writing at an additional public hearing, they must make written request for a hearing and submit this request along with any written comments to Kim Overcast, Department of Natural Resources and Conservation, 1424 Ninth Avenue, Helena, MT 59620. The comments must be received on or before July 5, 2007.

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6. If the agency receives requests for a public hearing on the proposed amendment from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed amendment; from the appropriate administrative rule review committee of the legislature; from a governmental subdivision or agency; or from an association having no less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 25 based on the number of water rights permits received.

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7. An electronic copy of this Notice of Extension of Comment Period on Proposed Amendment is available through the department�s site on the World Wide Web at http://www.dnrc.mt.gov. The department strives to make the electronic copy of this Notice of Extension of Comment Period on Proposed Amendment conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.

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8. The agency maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding conservation districts and resource development, forestry, oil and gas conservation, trust land management, water resources or combination thereof. Such written request may be mailed or delivered to Legal Unit, Department of Natural Resources and Conservation, 1625 Eleventh Avenue, Helena, MT 59620, faxed to the office at (406) 444-2684, or may be made by completing a request form at any rules hearing held by the agency.

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9. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

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DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

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/s/ Mary Sexton���������������������������������������������������������������������������/s/ Anne Yates

MARY SEXTON�������������������������������������������������������������������������ANNE YATES

Director��������������������������������������������������������������������������������������� Rule Reviewer

Natural Resources and Conservation

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Certified to the Secretary of State on May 29, 2007.