36.12.1020 SIXMILE CREEK BASIN CLOSURE
(1) Sixmile Creek Basin means the Sixmile Creek
drainage area, a tributary to the Clark Fork River located in hydrologic basin
76M, in Missoula County, Montana. The Sixmile Creek Basin designated as the
closure area is all that drainage and headwaters originating in Township 16
North, Range 21 and 22 West, MPM flowing southwesterly through Township 15
North, Range 21 and 22 West, MPM to its confluence with the Clark Fork River in
15 North, Range 22 West, MPM. The entire Sixmile Creek drainage, including the
West Fork of Sixmile Creek and all unnamed tributaries, is contained in the
closure area as outlined on file map page 4.
(2) The department shall reject all
surface water applications to appropriate water within the Sixmile Creek Basin
for any diversions, including infiltration galleries, for consumptive uses of
water during the period from June 1 through September 15.
(3) Applications for nonconsumptive uses shall be accepted 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 storage to appropriate water only outside the closure period
from which water could subsequently be used during any portion of the year
shall be received and processed except for form no. 605, application for
provisional permit for completed stockwater pit or reservoir. Form no. 605
shall be rejected.
(5) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105
shall be exempt from these rules.
(6) These rules apply only to applications received by the department after the
date of adoption of these rules.
(7) The department may, if it determines changed circumstances justify it, reopen
the basin to additional appropriations and amend these rules accordingly after
public notice and hearing.
History: 85-2-319, MCA; IMP, 85-2-319, MCA; NEW, 1995 MAR p. 2693, Eff. 12/8/95.