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36.12.2205    RYE CREEK STREAM DEPLETION ZONE

(1) There is designated a Rye Creek Stream Depletion Zone. Rye Creek Stream Depletion Zone means an area of approximately 378.66 acres or 0.59 square miles located approximately ten miles southeast of the town of Darby, Montana in Ravalli County and is generally described as follows:

(a) Beginning approximately 0.13 miles west of the intersection of Dugout Gulch Road and Rye Creek Road in the SE1/4 of Section 26, Township 3N, Range 20W, the stream depletion zone extends 700 feet on either side of Rye Creek eastward to the intersection of Rye Creek and North Fork Rye Creek roads. From the intersection of North Fork Rye Creek and Rye Creek roads the stream depletion zone extends 700 feet on either side of Rye Creek approximately 0.63 miles east on Rye Creek Road, terminating on United States Forest Service property in the SE1/4 of Section 25, Township 3N, Range 20W. Extending 700 feet on either side of the North Fork of Rye Creek the stream depletion zone extends approximately 1.21 miles north on North Fork Rye Creek Road from its intersection with Rye Creek Road to its terminus on United States Forest Service property in the S1/2 of Section 24, Township 3N, Range 20W. The legal land descriptions are in the following table:

Quarter Section

Section

Township

Range

SESE

26

3 North

20 West

S1/2

25

3 North

20 West

NW

25

3 North

20 West

S1/2

24

3 North

20 West

(2) A map of the area within the Rye Creek Stream Depletion Zone described in (1) is posted at http://dnrc.mt.gov/divisions/water/water-rights/stream-depletion-zones/rye-creek.

(3) Within the Rye Creek Stream Depletion Zone, ground water appropriations that are exempt from permitting are subject to statutory restrictions and provisions set forth in 85-2-306 and 85-2-381, MCA.

History: 85-2-380, MCA; IMP, 85-2-380, MCA; NEW, 2016 MAR p. 890, Eff. 5/21/16.

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