BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 36.12.101 and the adoption of New Rules I and II regarding water right combined appropriation

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NOTICE OF DECISION ON PROPOSED AMENDMENT AND ADOPTION

 

To: All Concerned Persons

 

1.  On August 22, 2013, the Department of Natural Resources and Conservation published MAR Notice No. 36-22-175 pertaining to the public hearing on the proposed amendment and adoption of the above-stated rules at page 1496 of the 2013 Montana Administrative Register, Issue Number 16. 

 

2.  A public hearing on the notice of proposed amendment and adoption of the above-stated rules was held on September 19, 2013, in the Fred Buck Conference Room (bottom floor), Water Resources Building, 1424 Ninth Avenue, Helena, Montana.

 

            3.  On September 10, 2013, the Water Policy Interim Committee expressed concerns in a letter regarding the manner in which the above-referenced publication was noticed. On September 13, 2013, the Environmental Quality Council also objected to the proposed rulemaking under 2-4-305(9), MCA

 

4.  The department shall not proceed with amending or adopting the rules as proposed but shall withdraw this proposal notice. Withdrawing this proposal notice will allow the department to further evaluate and propose rules regarding water right combined appropriation.

 

 

/s/ John E. Tubbs                                                            /s/ Candace West

John E. Tubbs                                                                 Candace West

Natural Resources and Conservation                                 Rule Reviewer                                                                                                                                                                                

Certified to the Secretary of State November 4, 2013.