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Rule Title: CHANGE APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION
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Department: NATURAL RESOURCES AND CONSERVATION
Chapter: WATER RIGHTS BUREAU
Subchapter: Change Applications
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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36.12.1904    CHANGE APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION

(1) The diversion works must be capable of diverting the amount of water requested to accomplish the proposed use without unreasonable loss through design or operation.

(2) Preliminary design plans and specifications for the current and/or proposed diversion and conveyance facilities and the equipment used to put the water to beneficial use must be submitted with the application including the following:

(a) a description of the historical operation, including the typical diversion schedule from the point of diversion to the place of use;

(b) a description of how the proposed water right will be operated, from point of diversion through the place of use and on through the discharge of water, if any;

(c) the historical and proposed flow rate and volume design capacity.

(3) The diversion works must conform to current design, construction, and operation standards.

(4)  Wells must be constructed according to provisions in ARM Title 36, chapter 21, subchapter 6.

(5)  For developed springs an explanation of how the spring will be developed must be included in the application.

(6)  For groundwater wells, the department will compare the drawdown projected for the proposed period of diversion to the height of the water column above the bottom of the proposed production well to determine if the well design is adequate for the proposed appropriation.

 

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2023 MAR p. 1872, Eff. 1/1/24.


 

 
MAR Notices Effective From Effective To History Notes
36-22-219 1/1/2024 Current History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2023 MAR p. 1872, Eff. 1/1/24.
36-22-165 10/12/2012 1/1/2024 History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12.
1/1/2005 10/12/2012 History: 85-2-113 and 85-2-302, MCA; IMP, 85-2-302, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.
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