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This is an obsolete version of the rule. Please click on the rule number to view the current version.

36.12.2001    SALVAGE WATER APPLICATIONS

(1) Salvage water, defined at 85-2-102 (16) , MCA includes seepage, wastewater, or deep percolation water and may be used by the appropriator, moved to other lands, leased, or sold after implementing a water saving method and proving lack of adverse effect to other water rights.

(2) In addition to the rules for change applications, a salvage water application must include a report documenting the volume of water that is being saved by the proposed water saving method.

(3) For the purpose of implementing 85-2-419 , MCA, the destruction of phreatophytes is not a water saving method. For example, one cannot deforest the cottonwoods or other trees or brush on a source to obtain salvage water.

(4) Salvaged water includes water lost to deep percolation when the applicant provides geohydrologic evidence that deep percolation occurs.

History: 85-2-113, 85-2-302, MCA; IMP, 85-2-302, 85-2-402, 85-2-419, MCA; NEW, 2004 MAR p. 3036, Eff. 1/1/05.

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