Rule 36.12.2001 - SALVAGE WATER APPLICATIONS(1) Salvage water, defined at 85-2-102(20), MCA includes seepage, wastewater, or deep percolation water and may be used by the appropriator, moved to other lands, leased, or sold after implementing a water saving method and proving lack of adverse effect to other water rights.(2) In addition to the rules for change applications, a salvage water application must include a report documenting the volume of water that is being saved by the proposed water saving method.(3) For the purpose of implementing 85-2-419, MCA, the destruction of phreatophytes is not a water saving method. For example, one cannot deforest the cottonwoods or other trees or brush on a source to obtain salvage water.(4) Salvaged water includes water lost to deep percolation when the applicant provides geohydrologic evidence that deep percolation occursMont. Admin. r. 36.12.2001
NEW, 2004 MAR p. 3036, Eff. 1/1/05; AMD, 2012 MAR p. 2071, Eff. 10/12/12.85-2-113, 85-2-302, MCA; IMP, 85-2-302, 85-2-402, 85-2-419, MCA;