36.12.907    LOCKWOOD SOLVENT GROUNDWATER PLUME SITE CONTROLLED GROUNDWATER AREA

(1) There is designated a Lockwood Solvent Groundwater Plume Site Controlled Groundwater Area (LSGPS CGWA). The LSGPS CGWA means an area of approximately 331 acres located east of Billings, Montana, and is generally described as follows:  

(a) The LSGPS CGWA covers an area approximately 0.52 square miles and is generally located south and east of the Yellowstone River at Lockwood, Montana, between Rosebud Lane to the south, the Yellowstone River to the north and west, and Maier Road on the east (the east Section line of Sections 26 and 35, T1N, R26E). The boundaries are wholly within: N2N2 Section 35, T1N, R26E; S2 Section 26, T1N, R26E; and S2N2 Section 26, T1N, R26E.

(b) A map of the area within the LSGPS CGWA described in (1)(a) is posted at http://dnrc.mt.gov/divisions/water/water-rights/controlled-ground-water-areas/lockwood.

(2) Groundwater monitoring wells, test wells, and remediation wells are allowed within the boundaries of the LSGPS CGWA.

(3) Except as provided in (4), the department may not accept or process applications for any new or existing groundwater developments within the lateral boundaries of the LSGPS CGWA.

(4) The department may accept and process Forms 634 and 606 for the limited purpose of a replacement well within the LSGPS CGWA boundaries. To be considered a replacement well, the following criteria must be met:

(a) a well located outside the boundaries of LSGPS CGWA cannot be replaced within the boundaries of the LSGPS CGWA;

(b) the well to be replaced must be on record with the DNRC or must be a valid use based on 85-2-222, MCA;

(c) the replacement well must be in the same aquifer as the well being replaced;

(d) the flow rate of the replacement well must not exceed the flow rate of the well on record with the DNRC;

(e) the replacement well must be used for the same purpose as the well being replaced; and

(f) the well being replaced has been abandoned according to the current Montana Board of Water Well Contractor rules.

 

History: 85-2-506, 85-2-508, MCA; IMP, 85-2-506, 85-2-508, MCA; NEW, 2018 MAR p. 1966, Eff. 10/6/18.