owner or operator of an appropriation facility on a watercourse or portion of a
watercourse identified as chronically dewatered by the department pursuant to
85-2-150, MCA, must have a properly maintained suitable measuring
device as part of the appropriation facility. The appropriation facility must
also have a suitable controlling device to regulate the amount of water
diverted from the watercourse. The appropriation facility must have a suitable
controlling device and measuring device operational no later than two years
after department identification of the watercourse or portions of the
watercourse as chronically dewatered.
(2) If the board specifically finds that the installation of suitable controlling and
measuring devices along the entire watercourse or portion of watercourse is not
practical within the two (2) year deadline, it may establish a later deadline
pursuant to ARM 36.13.103.
(3) Notice of an order issued under this rule must be pursuant to ARM 36.13.107.