BEFORE THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION

To: All Concerned Persons

1. On May 2, 2007, at 1:00 p.m., the Department of Natural Resources and Conservation will hold a public hearing in the Bannack Conference Room (bottom floor), at the Department of Natural Resources and Conservation, 1625 11th Avenue, Helena, Montana, to consider the amendment of the above-stated rules.

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on April 26, 2007, to advise us of the nature of the accommodation that you need. Please contact Kim Overcast, Montana Department of Natural Resources and Conservation, 1424 9th Avenue, Helena, MT 59620, (406) 444-6614, fax (406) 444-0533, or e-mail to kovercast@mt.gov.

3. The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

36.12.101 DEFINITIONS Unless the context requires otherwise, to aid in the implementation of the Montana Water Use Act and as used in these rules:

(1) through (48) remain the same.

(49) "Place of storage" means a reservoir, pit, pit-dam, or pond.

(49) through (77) remain the same, but are renumbered (50) through (78).

AUTH:  85-2-113, MCA

      IMP:  85-2-402, 85-2-407, MCA

36.12.113 RESERVOIR STANDARDS

(1) through (5) remain the same.

(6) Place of storage does not include:

(a) reservoirs, pits, pit-dams, or ponds with a capacity of less than 0.10 acre-feet; or

(b) the use of a temporary or permanent diversion structure within a canal or ditch designed to raise water surface elevation for primary diversions or to direct flows to a secondary conveyance facility.

(6) and (7) remain the same, but are renumbered (7) and (8).

AUTH:  85-2-113, MCA

      IMP:  85-2-402, 85-2-407, MCA

REASONABLE NECESSITY: The amendments are reasonably necessary to ensure that the public understands when a water right change application must be filed for a place of storage and will comply with filing such a change application.

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 Kim Overcast, Department of Natural Resources and Conservation, 1424 9th Avenue, Helena, MT 59620; fax (406) 444-5918; or e-mail kovercast@mt.gov, and must be postmarked no later than May 10, 2007.

5. Kim Overcast, Department of Natural Resources and Conservation, has been designated to preside over and conduct the hearing.

6. An electronic copy of this Notice of Public Hearing on Proposed Amendment is available through the department’s site on the World Wide Web at http://www.dnrc.mt.gov. The department strives to make the electronic copy of this Notice of Public Hearing on Proposed Amendment conform to the official version of the Notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the Notice and the electronic version of the Notice, only the official printed text will be considered.

7. The agency 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 which includes the name and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding conservation districts and resource development, forestry, oil and gas conservation, trust land management, water resources, or combination thereof. Such written request may be mailed or delivered to Legal Unit, Department of Natural Resources and Conservation, 1625 11th Avenue, Helena, MT 59620, faxed to the office at (406) 444-2684, or may be made by completing a request form at any rules hearing held by the agency.

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

DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION

/s/ Mary Sexton                                                             /s/ Anne Yates

MARY SEXTON                                                           ANNE YATES

Director Rule                                                                 Reviewer

Natural Resources and Conservation

Certified to the Secretary of State on April 2, 2007.