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36.12.1706    PERMIT APPLICATION CRITERIA - ADVERSE EFFECT

(1) Adverse effect for permit applications is based on the applicant's plan showing the diversion and use of water and operation of the proposed project can be implemented and properly regulated during times of water shortage so that the water rights of prior appropriators will be satisfied.

(2) The applicant's plan may include the use of mitigation or aquifer recharge as defined in 85-2-102, MCA, as a means of offsetting any adverse effect.

(3) A written narrative must be provided addressing the potential adverse effect to the water rights identified in ARM 36.12.1704.

(4) For surface water applications, in addition to (1), (2), and (3), the applicant shall explain the rate and timing of depletions from the source of supply and its downstream tributaries and what effect that will have on other water rights.

(5) For groundwater applications, in addition to (1), (2), and (3), the applicant shall describe how water levels in wells of prior water rights will be lowered and the rate, timing, and location of any depletions from hydraulically connected surface waters.

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2008 MAR p. 1979, Eff. 9/12/08.

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