Unless the context requires and clearly states otherwise,
in these rules:
(1) "Appropriation facility" means a system including structures used to divert, impound, or
withdraw water from a watercourse and convey water for a beneficial use.
(2) "Board" means the board of natural RESOURCES AND CONSERVATION provided for in Title 2,
chapter 15, part 33.
(3) "Chronically dewatered watercourse" means a watercourse or portion of a watercourse
identified by the department pursuant to section 85-2-150, MCA.
(4) "Department" means the department of natural RESOURCES AND CONSERVATION provided for in Title 2, chapter 15, part 33.
(5) "Director" means the director of the department or his/her designee.
(6) "Natural overflow" means the water which results in the flooding of lands adjoining
streams during high flow with no man-made diversion involved.
(7) "Operator" means the owner or any other person having a right, title, or other interest in
an appropriation facility or is responsible for the management of the
(8) "Owner" means the individual, association, partnership, corporation, state agency,
political subdivision, the United States or any agency thereof, or any other
entity having a water right or interest in an appropriation facility.
(9) "Suitable controlling device" means a headgate or other adjustable structure to
regulate the amount of water diverted from a watercourse. The suitable
controlling device must be capable of being closed completely and to adequately
vary the amount of water diverted into a ditch, canal, pipeline or other
(10) "Suitable measuring device" means a structure, gauging station or meter that
determines the amount of water being diverted into an appropriation facility.
The suitable measuring device may be integrated and be a part of a suitable
controlling device or it may be separate. Plans and/or specifications of
measuring devices must be approved by the department prior to installation. The
suitable measuring device must be capable of measuring one hundred twenty five
per cent (125%) of the flow rate of the appropriative or reserved water right.
The measuring device must be located as close as is reasonably possible to the
point of diversion from the watercourse.
(11) "Water measurement program" means the program established by the 1991
legislature through HB 908 and codified in 85-2-113(4) , 85-2-150,
and 85-1-602, MCA. The purpose of the program is to more closely
manage water uses from chronically dewatered watercourses.
(12) "Watercourse" means any naturally occurring stream or river from
which water is diverted for beneficial uses. It does not include ditches,
culverts, or other manmade waterways.
(13) "Water spreading" means surface flood irrigation involving the
diversion of occasional (flood or runoff) surface water from natural, usually
nonperennial, watercourses by means of dams, dikes, or ditches, or a
combination of these. It differs from conventional irrigation because it is
totally dependent on and regulated by the availability of water, not crop
History: Sec. 85-2-113, MCA; IMP, Sec. 85-2-113, MCA; NEW, 1993 MAR p. 561, Eff. 4/16/93.