36.12.1019 TRUMAN CREEK BASIN CLOSURE
(1) The Truman Creek Basin means the Truman Creek
drainage area, a tributary of Ashley Creek in hydrologic basin 76LJ, in
Flathead County, Montana. The Truman Creek Basin designated as the closure area
is all that drainage and headwaters originating in the Salish Mountains,
Township 26 North, Range 21 and 22 West, MPM, and flowing northwesterly to its
confluence with Ashley Creek at a point in Section 18, Township 27 North, Range
22 West, MPM, Flathead County, Montana. The entire Truman Creek drainage, from
its headwaters to its confluence with Ashley Creek, including Bales Creek,
Emmons Creek, Wild Bill Creek, and all unnamed tributaries, is contained in the
enclosure area as outlined on file map page 6.
(2) The department shall reject all surface water applications to appropriate water
within the Truman Creek Basin for any diversions, including infiltration
galleries, for any consumptive uses of water during the period from July 15
through August 31.
(3) Applications for nonconsumptive uses during the closure period shall be
received and processed. Any permit if issued shall be modified or conditioned
to provide that there will be no decrease in the source of supply, no
disruption in the stream conditions, and no adverse effect to prior
appropriators within the reach of stream between the point of diversion and the
point of return. The applicant for a nonconsumptive use shall provide
sufficient factual information upon which the department can determine the
applicant's ability to meet the conditions imposed by this rule.
(4) Applications for groundwater shall be accepted, however the applicant shall
provide sufficient factual information upon which the department can determine
whether or not the source of the groundwater is part of or substantially or
directly connected to surface water. If it is found that the proposed diversion
of groundwater would cause a calculable reduction in the surface water flow
during the closure period the application shall be rejected. A calculable
reduction means a theoretical reduction based on credible information as
opposed to a measured reduction. If the applicant fails to submit sufficient
factual information as required, the application shall be considered defective
and shall be processed pursuant to 85-2-302, MCA.
(5) Any application which would utilize a storage facility to impound water only
outside the period from July 15 through August 31 and from which water could
subsequently be used during any portion of the year, is exempt from these
rules. Permit applications for storage, except applications for provisional
permits for completed stockwater pits or reservoirs, form no. 605, will be
received and processed. All form no. 605 permit applications will be rejected.
(6) Temporary emergency appropriations of water as defined in ARM 36.12.101 and
36.12.105 shall be exempt from this rule.
(7) This rule applies only to applications received by the department after the
date of adoption of this rule.
(8) The department may, if it determines changed circumstances justify it, reopen
the basin to additional appropriations and amend this rule accordingly after
public notice and hearing.
History: Sec. 85-2-112, MCA; IMP, Sec. 85-2-319, MCA; NEW, 1995 MAR p. 222, Eff. 2/10/95.