36.12.1212    REPLACEMENT WELLS

(1) All ground water appropriators shall file with the department a change application and obtain approval from the department prior to replacing an existing well or spring development.

(2) Approval to replace a well or spring development may only be to change the point of diversion, place of use, place of storage, or the use.

(3) Any well or spring development change must be from the same source and the rate and volume of water use may not increase.

(4) An increase in rate or volume of water used, period of appropriation or use, or change in source requires a new permit application and approval from the department in accordance with state law and the Compact provisions.

History: 85-20-401, MCA, Article IV; IMP, 85-20-401, MCA, Article IV. I. 5. ; NEW, 1997 MAR p. 469, Eff. 3/11/97.