BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 36.25.1102 pertaining to navigable waterways

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

1. On September 7, 2023, at 10:00 a.m., the Department of Natural Resources and Conservation will hold a public hearing in the Montana Room, First Floor, located at 1539 Eleventh Avenue, Helena, Montana, and via Zoom, to consider the proposed amendment of the above-stated rule. Interested parties may access the remote conferencing platform in the following ways:

 

            a. Join Zoom Meeting: https://mt-gov.zoom.us/j/84336639597?pwd=VHo1Wk9rUmRKME5vM1VRMUpad0dUdz09; Meeting ID: 843 3663 9597; Password: 416356

 

            b. Dial by Telephone: +1 646 558 8656; Meeting ID: 843 3663 9597; Password: 416356; Find your local number: https://mt-gov.zoom.us/u/kdHocTaR5x

 

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require accommodation, contact the department no later than 5:00 p.m. on August 28, 2023, to advise us of the nature of the accommodation that you need. Please contact Jamie Price, Department of Natural Resources and Conservation, 1539 Eleventh Avenue, P.O. Box 201601, Helena, Montana 59620-1601, 406-444-6615, or e-mail DNRCOAH@mt.gov.

 

3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:

 

36.25.1102 PURPOSE AND APPLICABILITY (1) and (2) remain the same.

(3) The department may, upon request by an applicant, issue an easement, or lease, or license for the board's approval of the use of a riverbed which is not yet adjudicated as navigable.

(a) Any such easement, or lease, or license, which is voluntarily sought by an applicant, shall only convey a contingent right to use the riverbed based upon the validity and extent of the board's title to the riverbed.

(b) The department may issue such contingent-right easements, and leases, and licenses only where the department has historical documentation that the river was susceptible of use in commerce at statehood.

(c) remains the same.

(4)  The department may, upon request by an applicant, issue a license for the use of a riverbed which is not yet adjudicated as navigable.

(a)  Any such license, which is voluntarily sought by an applicant, shall only convey a contingent right to use the riverbed based upon the validity and extent of the board's title to the riverbed.

(b)  The department may issue such contingent-right licenses only where the department has historical documentation that the river was susceptible of use in commerce at statehood.

(4) remains the same but is renumbered (5).  

 

AUTH: 77-1-1109, 77-1-1117, MCA

IMP: 77-1-1109, MCA

 

REASON:  Currently, Unit Office staff have the authority to approve Land Use Licenses (LULs) for other uses outside of navigable waterways. LULs for navigable waterways are mostly used for erosion control, flood impact reduction, and general irrigation systems maintenance. Due to the timeliness of these LULs, the added step of acquiring Land Board approval costs the landowner critical waiting time for these activities. These LULs are typically for less than one acre and generate very little revenue for the trust. For these reasons, a rule amendment would allow for more efficient use of staff time and better ability to respond rapidly to flood and other impacts.

 

4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted in writing to: Martin Balukas, Department of Natural Resources and Conservation, 1539 Eleventh Avenue, P.O. Box 201601, Helena, Montana 59620-1601, or e-mail at DNRCOAH@mt.gov, and must be received no later than 5:00 p.m. on September 7, 2023.

 

5. Martin Balukas, Department of Natural Resources and Conservation, has been designated to preside over and conduct this hearing.

 

6. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 2 above or may be made by completing a request form at any rules hearing held by the department.

 

7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sosmt.gov/ARM/Register.

 

8. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/ Brian Bramblett                         /s/ Amanda Kaster                         

Brian Bramblett                              Amanda Kaster

Rule Reviewer                                Director

                                                       Natural Resources and Conservation

 

Certified to the Secretary of State July 25, 2023.