Rule: 36.12.1209 Prev     Up     Next    
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Subchapter: Yellowstone Controlled Ground Water Area
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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(1) All permits issued by the department must contain at a minimum the following specific conditions:

(a) U.S. National Park Service-Montana Compact requires this right be issued in accordance with the Yellowstone controlled ground water area provisions of the January 31, 1994, U.S. National Park Service-Montana Compact. The department may modify or revoke this permit if the provisions of the Compact are not met; the character of the ground water produced changes such that a restriction applies pursuant to Article IV; or new restrictions are imposed as a result of Article IV, section J. Further modification may occur to limit the total withdrawal by day, month or year; to require a system of rotation of use within the controlled area; or adjust the total withdrawal from two or more wells in the area used by the same appropriator. The appropriator shall allow access to the well by the Montana bureau of mines and geology for water sampling as provided by the Compact. Further, this right is subject to the condition that the appropriator install an adequate metering device to allow the volume of water diverted to be recorded. The type and location of the meter must be determined by the department. The appropriator shall keep a written record of the volume of all waters diverted including the period of time, and shall submit said records by January 15 of each year and upon request to the Montana Bureau of Mines and Geology, Montana Tech, 1300 W. Park St., Butte, MT 59701-8997.

(b) The deadline to complete this permit and file a Project Completion Notice for Permitted Water Development (Form No. 617) is December 31, (specify year) .

(i) For type "A" permit applications, the project completion notice must be filed 60 days after completion of the appropriation. If you cannot meet the deadline above, the permittee shall contact the Bozeman water RESOURCES regional office for a new deadline.

(ii) For type "B" permit applications, if you cannot meet the deadline, the permittee shall file a Form No. 607, Application for Extension of Time, at least 30 days before the above deadline, otherwise the permit is void.

(c) This permit is subject to all prior existing water rights in the source of supply. Further, this permit is subject to any final determination of existing water rights, as provided by Montana law.

(d) Pursuant to 85-2-505 , MCA, to prevent ground water contamination, an operational back flow preventor must be installed and maintained by the appropriator if a chemical or fertilizer distribution system is connected to the well.

(e) This right is subject to 85-2-505 , MCA, requiring a well to be constructed so it will not allow water to be wasted or contaminate other water supplies or sources, and a flowing well must be capped or equipped so the flow of the water may be stopped when not being put to beneficial use. The final completion of the well(s) must include an access port of at least .50 inch so the static level of the well may be accurately measured.

(f) This permit is subject to the authority of the department to revoke the permit in accordance with 85-2-314 , MCA, and to enter onto the premises for investigative purposes in accordance with 85-2-115 , MCA. Further, the United States may accompany the department for the purposes of confirming well log information pursuant to Article IV, section G.2.b.v. of the Compact.

(g) Upon a change in ownership of all or any portion of this permit, the parties to the transfer shall file with the department a Water Right Ownership Update, Form No. 608, pursuant to 85-2-424 , MCA.

(2) Additional permit conditions may be placed on the permit as agreed upon by the parties and approved by the department, as required by the department, the hearing examiner, or Article IV of the Compact.

History: 85-20-401, MCA, Article IV; IMP, 85-20-401, MCA, Article IV. I. 5. ; NEW, 1997 MAR p. 469, Eff. 3/11/97; AMD, 2000 MAR p. 636, Eff. 2/25/00.


MAR Notices Effective From Effective To History Notes
2/25/2000 Current History: 85-20-401, MCA, Article IV; IMP, 85-20-401, MCA, Article IV. I. 5. ; NEW, 1997 MAR p. 469, Eff. 3/11/97; AMD, 2000 MAR p. 636, Eff. 2/25/00.
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