36.12.2001 SALVAGE WATER APPLICATIONS
(1) Salvage water, defined at 85-2-102(20), MCA includes seepage, wastewater, or deep percolation water and may be used by the appropriator, moved to other lands, leased, or sold after implementing a water saving method and proving lack of adverse effect to other water rights.
(2) In addition to the rules for change applications, a salvage water application must include a report documenting the volume of water that is being saved by the proposed water saving method.
(3) For the purpose of implementing 85-2-419, MCA, the destruction of phreatophytes is not a water saving method. For example, one cannot deforest the cottonwoods or other trees or brush on a source to obtain salvage water.
(4) Salvaged water includes water lost to deep percolation when the applicant provides geohydrologic evidence that deep percolation occurs