Mont. Admin. r. 36.12.112

Current through Register Vol. 23, December 6, 2024
Rule 36.12.112 - PERIOD OF DIVERSION AND PERIOD OF USE STANDARDS
(1) The department will use the following standards for period of diversion and use based on the purpose of beneficial water use:

(a) domestic January 1 to December 31
(b) stock January 1 to December 31

(c) irrigation based on the climatic area designated by the USDA Natural Resources and Conservation Service (NRCS) which is generally as follows:

(i) climatic area I March 15 to November 15
(ii) climatic area II April 1 to October 31
(iii) climatic area III April 15 to October 15
(iv) climatic area IV April 20 to October 10
(v)climatic area VApril 25 to October 5
(vi) climatic area VI April 25 to October 5

(2) Applications for diversions into a storage reservoir for later use must include the period of diversion for when water will be diverted into the reservoir and the period of use when water will be used from the reservoir.
(3) Period of use for purposes other than domestic, stock, or irrigation must be explained and documented based on the operation of the project.
(4) Deviations from the period of use standards listed in (1) must be explained and documented based on the operation of the project.

Mont. Admin. r. 36.12.112

NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2023 MAR p. 1872, Eff. 4/1/2024

AUTH: 85-2-113, MCA; IMP: 85-2-301 through 85-2-319, 85-2-321 through 85-2-323, 85-2-329 through 85-2-331, 85-2-335 through 85-2-338, 85-2-340 through 85-2-344, 85-2-351, 85-2-401, 85-2-402, 85-2-407, 85-2-408, 85-2-410 through 85-2-413, 85-2-415 through 85-2-419, 85-2-436, 85-2-501 through 85-2-512, 85-2-601 through 85-2-606, 85-2-608, 85-2-804 through 85-2-806, MCA