(1) Rock Creek Basin means the
Rock Creek drainage area located in hydrologic Basin 43D, a tributary of the
Clarks Fork of the Yellowstone River in Carbon County, Montana. The entire Rock Creek
drainage, from its headwaters to its confluence with the Clarks Fork of the Yellowstone,
including Red Lodge Creek, Spring Creek, Dry Creek, Willow Creek, Clear Creek,
West Fork of Rock 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 Rock Creek Basin for any
diversions for consumptive uses, including infiltration galleries, during the
period from June 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 Rock Creek Basin.
(5) Any applications which would utilize a
storage facility to impound water only outside the period from June 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 no. 605, will be received and processed. All form no.
605 permit applications will be rejected.
(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.