(1) With the exception of
small and temporary diversions of overland flow of water around new roads,
drill pads, test pits, and support facilities, no ephemeral, intermittent, or
perennial stream may be diverted.
(2) Overland flow of water must be diverted in a
(a) prevents erosion;
(b) to the extent possible, using the best
technology currently available, prevents additional contributions of suspended
solids to streamflow or runoff; and
(c) complies with applicable portions of ARM
17.24.635 and 17.24.636 and all other applicable state or federal
History: 82-4-204, 82-4-205, MCA; IMP, 82-4-226, 82-4-231, 82-4-232, 82-4-233, MCA; NEW, 1980 MAR p. 725, Eff. 4/1/80; AMD, 1989 MAR p. 30, Eff. 1/13/89; AMD, 1995 MAR p. 31, Eff. 1/13/95; TRANS, from DSL, 1996 MAR p. 3042.