36.12.1017 SHARROTT CREEK BASIN CLOSURE
(1) Sharrott Creek Basin means the Sharrott Creek drainage area, a tributary of
McCalla Creek located in the Bitterroot River hydrologic basin, 76H, in Ravalli
County, Montana. The Sharrott Creek Basin designated as the closure area is all
that drainage and head waters originating in the Bitterroot Mountains, Township
9 North, Range 21 West, MPM, and flowing easterly through Sections 19, 20, 28
& 29, Township 9 North, Range 20 West, MPM to its confluence with McCalla
Creek at a point in Section 28, Township 9 North, Range 20 West, MPM Ravalli
County, Montana. The entire Sharrott Creek drainage, from its headwaters to its
confluence with McCalla Creek, including all tributaries is contained in the
closure area, as outlined on file map labeled "1-B".
(2) The department shall reject all surface
water applications to appropriate water within the Sharrott Creek Basin for any
diversions, including infiltration galleries, for any consumptive uses of water
during the period from January 1 through December 31.
(3) Applications for nonconsumptive uses during the
closure period shall be received and processed. Any permit if issued shall be modified
or conditioned to provide that there will be no decrease in the source of
supply, no disruption in the stream conditions, 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 provide
sufficient factual information upon which the department can determine the
applicants ability to meet the conditions imposed by this rule.
(4) Applications for groundwater shall be
accepted, however the applicant shall provide sufficient factual information
upon which the department can determine whether or not the source of the
groundwater is part of or substantially or directly connected to surface water.
If it is found that the proposed diversion of groundwater would cause a
calculable reduction in the surface water flow during the closure period the
application shall be rejected. A calculable reduction means a theoretical
reduction based on credible information as opposed to a measured reduction. If
the applicant fails to submit sufficient factual information as required, the
application shall be considered defective and shall be processed pursuant to 85-2-302,
(5) Emergency appropriations of water as
defined in ARM 36.12.101(3) and 36.12.105 shall be exempt from this rule.
(6) This rule applies only to applications
received by the department after the date of adoption of this rule.
(7) The department may, if it determines
changed circumstances justify it, reopen the basin to additional appropriations
and amend this rule accordingly after public notice and hearing.
History: Sec. 85-2-112 and 85-2-319, MCA; IMP, Sec. 85-2-319, MCA; NEW, 1993 MAR p. 1515, Eff. 7/16/93.