(1) Grant Creek Basin means the Grant Creek drainage area, a tributary of the
Clark Fork River, located in hydrologic basin 76M in Missoula County, Montana.
The Grant Creek Basin designated as the closure area is all that drainage and
head waters originating in the Rattlesnake Mountains of Township 15 North,
Range 19 West, MPM, flowing southwesterly through Township 14 North, Range 19
West, MPM and into the main valley of the Clark Fork
Township 13 North, Ranges 19 and 20 West, MPM. The entire Grant Creek drainage,
from its headwaters to its confluence with the Clark Fork River, including Grant
Creek, East Fork of Grant Creek, and all unnamed tributaries is contained in
the closure area, as outlined on Exhibit "A" (a copy of which is
available for review from the department) .
(2) The department shall reject
applications for surface water permits within the Grant Creek Basin for any
diversions, including infiltration galleries, for consumptive uses during the
period from July 1 through September 30.
(3) Permits for nonconsumptive uses during
the closure period shall be modified or conditioned to provide that there will
be no decrease in the source of supply, no disruption in the stream conditions
below the point of return, 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 prove by substantial credible evidence
its ability to meet the conditions imposed by this rule.
(4) These rules apply to all surface water
within the Grant Creek Basin.
(5) Any application for a storage facility
to impound water only outside the period from July 1 through September 30, and
from which water could subsequently be used during any portion of the year, is
exempt from these rules. Permit applications for storage, except applications
for provisional permits for completed stockwater pits or reservoirs, form 605,
will be received and processed. All form 605 permit applications will be
(6) Emergency appropriations of water as
defined in ARM 36.12.101(6) and 36.12.105 shall be exempt from these rules.
(7) These rules apply only to applications
received by the department after the date of adoption of these rules.
(8) 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.