Current through Register Vol. 23, December 6, 2024
Rule 36.12.1904 - CHANGE APPLICATION CRITERIA - ADEQUATE DIVERSION MEANS AND OPERATION(1) The diversion works must be capable of diverting the amount of water requested to accomplish the proposed use without unreasonable loss through design or operation.(2) Preliminary design plans and specifications for the current and/or proposed diversion and conveyance facilities and the equipment used to put the water to beneficial use must be submitted with the application including the following: (a) a description of the historical operation, including the typical diversion schedule from the point of diversion to the place of use;(b) a description of how the proposed water right will be operated, from point of diversion through the place of use and on through the discharge of water, if any;(c) the historical and proposed flow rate and volume design capacity.(3) The diversion works must conform to current design, construction, and operation standards.(4) Wells must be constructed according to provisions in ARM Title 36, chapter 21, subchapter 6.(5) For developed springs an explanation of how the spring will be developed must be included in the application.(6) For groundwater wells, the department will compare the drawdown projected for the proposed period of diversion to the height of the water column above the bottom of the proposed production well to determine if the well design is adequate for the proposed appropriation.Mont. Admin. r. 36.12.1904
NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12; AMD, 2023 MAR p. 1872, Eff. 4/1/2024AUTH: 85-2-113, 85-2-302, MCA; IMP: 85-2-302, MCA