(1) Walker Creek Basin means the Walker Creek drainage area, located in
hydrologic Basin 76LJ, a tributary of the Whitefish River in Flathead County,
Montana. The entire Walker Creek drainage, from its headwaters in Section 10 of
Township 31 North, Range 21 West, MPM to its confluence with the Whitefish
River in Section 8 of Township 30 North, Range 21 West, MPM including all
unnamed tributaries is contained in the closure area.
(2) The department shall reject consumptive
for surface water permits within the Walker Creek Basin for any development,
including infiltration galleries within 50 feet of Walker Creek or any of its
tributaries, requesting to appropriate water or use water during the period
July 1 through March 31.
(3) Permits for nonconsumptive uses during
the closure period shall be modified or conditioned such 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 affect to prior appropriators within the
reach of stream between the point of diversion and the point of return. Any
permit for a nonconsumptive use shall include at a minimum the following conditions:
(a) All nonconsumptive water uses shall be
constructed such that the inflow and outflow can be measured.
(b) One set of inflow and outflow
measurements shall be taken during both July and August in the first full year
of operation. The permittee shall keep a written record of the flow rate,
method of measurement, place of measurement, and date of measurement, and shall
submit said records by November 30th to the Water Rights Bureau Field Office,
P.O. Box 860, Kalispell, MT 59903.
(c) All ponds or other storage facilities
shall be filled during spring runoff or before June 1st of each year, which
ever occurs first.
(d) All ponds or other storage facilities
shall be designed according to U.S. soil conservation service specifications or
designed by a registered engineer to minimize seepage.
(e) All nonconsumptive water uses which do
not utilize the natural stream channel shall be constructed such that water is
conveyed to the use and returned to the stream by pipe to minimize loss due to
(4) The applicant for a nonconsumptive use
shall prove by substantial credible evidence the applicant's ability to meet
the conditions imposed by (3) above.
(5) Permit applications which would utilize
an offstream storage facility to impound water outside the closure period of
July 1 through March 31, and which is of sufficient size to store adequate
water for use during the closure period, is exempt from these rules. All
applications for provisional permit for completed stockwater pit or reservoir
(form 605) will be rejected.
(6) These rules apply to all surface water within the Walker Creek Basin.
(7) The department will make periodic inspections to determine compliance with these
rules and conditions.
(8) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105
shall be exempt from these rules.
(9) These rules apply only to applications
received by the department after the date of adoption of these rules.
(10) 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.