(1) The owner or operator of an appropriation facility on a watercourse or portion of a watercourse identified as chronically dewatered by the department pursuant to 85-2-150, MCA, must have a properly maintained suitable measuring device as part of the appropriation facility. The appropriation facility must also have a suitable controlling device to regulate the amount of water diverted from the watercourse. The appropriation facility must have a suitable controlling device and measuring device operational no later than two years after department identification of the watercourse or portions of the watercourse as chronically dewatered.

(2) If the board specifically finds that the installation of suitable controlling and measuring devices along the entire watercourse or portion of watercourse is not practical within the two (2) year deadline, it may establish a later deadline pursuant to ARM 36.13.103.

(3) Notice of an order issued under this rule must be pursuant to ARM 36.13.107.

History: Sec. 85-2-113, MCA; IMP, Sec. 85-2-113, MCA; NEW, 1993 MAR p. 561, Eff. 4/16/93.