36.12.1303    TECHNICAL ANALYSES

(1)  Technical analyses may be required for permit and change applications to provide the minimum information necessary for the department to complete a criteria assessment under 85-2-311, MCA for permits, or 85-2-402, MCA for changes.  The department will conduct technical analyses necessary to evaluate criteria if not provided by the applicant.  It remains the applicant's burden to prove the criteria. 

(2)  For surface water permit applications, the following technical analyses are required:

(a)  a surface water analysis pursuant to ARM 36.12.1702, which must include:

(i)  for perennial or intermittent streams where measurement records are available, the gage name, location, period of record, and calculated median of the mean monthly flow rate and volume;

(ii)  for perennial or intermittent streams where measurement records are not available, an estimated mean monthly flow rate and volume, and identify the estimation technique and basin characteristics used for the estimation;

(iii)  for ephemeral streams, an explanation of the method used to calculate mean annual runoff and associated climate and drainage area data; and

(iv)  for lakes, the source of the bathymetric data and associated volume or description of the method and associated data used to calculate volume;

(b)  an analysis of the area of potential impact.

(3)  For surface water change applications, the following technical analyses are required:

(a)  a historical use analysis pursuant to requirements in ARM 36.12.1902;

(b)  an analysis of impacted surface water sources;

(c)  for irrigation water rights changing the place of use or purpose, a return flow analysis of historical return flows and projected return flows for the amount of water being changed.  This analysis must include:

(i)  amount of return flow;

(ii)  location of return flow; and

(iii)  if water rights are identified which will be impacted by a change in return flow, the return flow analysis must include a monthly breakdown of the rate and timing of return flow and evaluate impacts to the identified rights;

(d) for applications with proposed mitigation, an analysis of the net effect to hydraulically connected surface water(s); and

(e) for applications where aquifer recharge is proposed for mitigation, an analysis of the monthly accretions to hydraulically connected surface water(s). 

(4)  For groundwater permit applications in an open basin, the following technical analyses are required:

(a)  a groundwater analysis pursuant to ARM 36.12.1703, which must include:

(i)  aquifer transmissivity and storage coefficient;

(ii)  maximum drawdown and remaining available water column in the proposed point of diversion(s);

(iii)  0.01-foot drawdown contour;

(iv)  location and distance between the proposed point of diversion(s) and the 0.01-foot drawdown contour;

(v)  annual groundwater flux through the 0.01-foot drawdown contour, annual groundwater recharge, or annual groundwater discharge.  The quantification must be in acre-feet per year; and

(vi)  all groundwater rights with points of diversion within the 0.01-foot drawdown contour or area of potential impact;

(vii)  1-foot drawdown contour, which is based on five years of constant pumping, which is derived from the requested annual volume and apportioned monthly based on the proposed period of diversion;

(viii)  distance and location on a map between the proposed point of diversion(s) and the 1-foot drawdown contour;

(ix)  all groundwater rights within the 1-foot drawdown contour; and

(x)  remaining available water column for each groundwater point of diversion identified in (ix);

(b)  a surface water depletion analysis, which must include:

(i)  hydraulically connected surface water(s) to the source aquifer for the proposed point of diversion; and

(ii)  annual consumed volume and monthly rate and volume of net depletion to hydraulically connected surface water(s);

(c)  a surface water analysis, which must include:

(i)  for perennial or intermittent streams where measurement records are available, the gage name, location, period of record, and calculated median of the mean monthly flow rate and volume;

(ii)  for perennial or intermittent streams where measurement records are not available, an estimated mean monthly flow rate and volume, and identify the estimation technique and basin characteristics used for the estimate;

(iii)  for ephemeral streams, an explanation of the method used to calculate mean annual runoff and associated climate and drainage area data; and

(iv)  for lakes, the source of the bathymetric data and associated volume or description of the method and associated data used to calculate volume;

(d)  an analysis of the area of potential impact.

(5)  For groundwater change applications, the following technical analyses are required:

(a)  a historical use analysis pursuant to requirements in ARM 36.12.1902;

(b) for applications changing the point of diversion, a groundwater analysis, which must include:

(i)  aquifer transmissivity and storage coefficient;

(ii)  maximum drawdown and remaining available water column in the proposed point of diversion(s);

(iii)  1-foot drawdown contour, which is based on five years of constant pumping, which is derived from the requested annual volume and apportioned monthly based on the proposed period of diversion;

(iv)  the distance and location on a map between the proposed point of diversion(s) and the 1-foot drawdown contour;

(v)  all groundwater rights within the 1-foot drawdown contour; and

(vi)  remaining available water column for each groundwater point of diversion identified in (v);

(c)  for applications changing the point of diversion or place of use, surface water depletion analysis, which must include:

(i)  hydraulically connected surface water(s) to the source aquifer for the proposed point of diversion; and

(ii)  historic and proposed annual consumed volumes and monthly rate and volume of net depletion to hydraulically connected surface water(s); and

(iii)  a comparison of the historical net depletion and new net depletion to hydraulically connected surface water(s);

(d)  for irrigation water rights changing the place of use or purpose, a return flow analysis of historical return flows and projected return flows for the amount of water being changed.  This analysis must include:

(i)  amount of return flow;

(ii)  location of return flow; and

(iii)  if water rights are identified which will be impacted by a change in return flow, the return flow analysis must include a monthly breakdown of the rate and timing of return flow and evaluate impacts to the identified rights;

(e)  for applications with proposed mitigation, an analysis of the net effect to hydraulically connected surface water(s); and

(f)  for applications where aquifer recharge is proposed for mitigation, an analysis of the monthly accretions to hydraulically connected surface water(s).

(6)  For groundwater permit applications in a closed basin, in addition to technical analyses required under (4), the following technical analyses are required:

(a)  hydrogeologic report conducted pursuant to 85-2-361, MCA.

(7)  Technical analyses completed by the applicant must be submitted with the permit or change application.

(8) The department will evaluate technical analyses completed by the applicant for scientific credibility. The scientific credibility review will evaluate the methodology, quality of the analysis, and relevance of the data used for the technical analyses.

History: 85-2-113, MCA; IMP, 85-2-302, 85-2-307, 85-2-311, 85-2-330, 85-2-336, 85-2-341, 85-2-343, 85-2-344, 85-2-360, 85-2-361, 85-2-362, 85-2-402, 85-2-506, 85-2-508, MCA; NEW, 2023 MAR p. 1872, Eff. 1/1/24.