36.12.1015 TOWHEAD GULCH BASIN CLOSURE
(1) Towhead Gulch basin means the Towhead Gulch drainage area, a tributary of the
Missouri River at Upper Holter Lake, located in hydrologic basin 41I in Lewis
and Clark County, Montana. The entire Towhead Gulch drainage, from its
headwaters in Section 33, Township 14 north, Range 3 west, MPM to its
confluence with the Missouri River, including Beartooth Creek, and all unnamed
tributaries are contained in the closure area. Excluded from the basin closure
are Rattlesnake Gulch, McLeod Gulch, and their unnamed tributaries.
(2) The department shall reject applications for surface water permits in Towhead Gulch,
Beartooth Creek, and their unnamed tributaries for any diversions, including
infiltration galleries, for consumptive uses during any time of the year.
(3) Applications for nonconsumptive purposes shall be received and processed. Any
permit granted for nonconsumptive uses 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
(4) Emergency appropriations of water as defined in ARM 36.12.101(6) and 36.12.105
shall be exempt from these rules.
(5) These rules apply only to applications received by the department after the
date of adoption of these rules.
(6) 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.
History: Sec. 85-2-112, 85-2-319, MCA; IMP, Sec. 85-2-319, MCA; NEW, 1992 MAR p. 52, Eff. 1/17/92.