(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 applicant's plan to prevent potential adverse effects to existing water rights, certificates, permits, and water reservations. The plan may include:

(a) an agreement to measure appropriations and monitor water supplies;

(b) a plan to appropriate only when stream flows exceed certain trigger flow levels;

(c) a mitigation or aquifer recharge plan; or

(d) other conditions necessary to prevent adverse effects.

(4) For groundwater applications, the department will evaluate how water levels in wells of prior water rights could be lowered and the rate, timing, and location where water flow could be reduced by any amount 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; AMD, 2012 MAR p. 2071, Eff. 10/12/12.