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36.12.1202    DEFINITIONS

As used in these rules, the following definitions apply:

(1) "Application" means Form No. 600, Application for Beneficial Water Use Permit, submitted to the department by an applicant for a provisional permit to appropriate ground water.

(2) "Appropriate" means to divert, impound or withdraw a quantity of water for beneficial use.

(3) "Appropriator" means a person who has a legal water right to divert, impound, or withdraw a quantity of water for beneficial use.

(4) "Beneficial use" means the use of water for the benefit of the appropriator, other persons, or the public, including but not limited to agricultural, domestic, fish and wildlife, industrial, irrigation, mining, municipal, power, recreational, and stock uses.

(5) "Bozeman water resources regional office (BWRRO) " means the Montana water resources regional office of the department of natural resources and conservation, responsible for processing all applications under the Yellowstone Controlled Ground Water Area, Article IV of the Compact.

(6) "Category 3 or 4 streams" means streams with special importance as defined in the Compact.

(7) "Change application" means a Form No. 606, Application to Change a Water Right filed pursuant to 85-2-402 , MCA.

(8) "Compact" means the United States National Park Service-Montana Water Rights Compact, effective January 31, 1994 as provided in 85-20-401 , et seq., MCA.

(9) "Correct and complete" means that the information required to be submitted conforms to the standard of substantial credible information and that all the necessary parts of the form requiring the information have been filled in with the required information.

(10) "Credible information or evidence" means evidence sufficient to support a prima facie basis for the theory asserted.

(11) "Department" means the Montana department of natural resources and conservation in Helena and Bozeman, Montana provided for in Title 2, chapter 15, part 33, MCA.

(12) "Developed spring" means ground water if some physical alteration of its natural state occurs at its point of discharge from the ground, such as simple excavation, cement encasement, or rock cribbing. An undeveloped spring is surface water if no development occurs at its point of discharge and the appropriation is made from the unenhanced natural surface flow.

(13) "Extension of time" means Form No. 607, Application for Extension of Time, that can be filed by a permittee with the BWRRO for the purpose of obtaining approval for additional time to complete the ground water development.

(14) "Ground water" means any water that is beneath the ground surface.

(15) "Hydrologically connected" for the purposes of Article IV of the Compact, means ground water that is considered to be connected to the hydrothermal system within the reserved land of Yellowstone National Park based on scientific evidence according to the procedures in Article IV.

(16) "Hydrothermal feature" means a surface manifestation of a hydrothermal system, including but not limited to: hot springs, geysers, mud pots, and fumaroles.

(17)   "Hydrothermal system" means the ground water system, including cold water recharge, transmission and warm water discharge that is hydrologically connected to the hydrothermal features within the reserved land of Yellowstone National Park.

(18) "Meter" means a device provided by the department that must be installed and maintained by the permittee to record the volume of water appropriated and used by the permittee.

(19) "Montana bureau of mines and geology (MBM&G) " means the Montana bureau of mines and geology located at Butte, Montana.

(20) "National park service" means the U.S. department of the interior, national park service.

(21) "Project completion" means Form No. 617, Project Completion Notice for Permitted Water Development or Form 618, Project Completion Notice for Change of a Water Right, filed by permittee after completion of the ground water well or spring and beneficial use of the water granted under a provisional permit or changes granted under an authorization to change.

(22) "Objection" means Form No. 611, Objection to Application that may be filed with the department by the national park service or other persons opposing a permit application.

(23) "Permit" means the provisional permit to appropriate ground water as issued by the department.

(24) "Replacement well" means a new well to replace an old existing well with an established water right prior to January 31, 1994 or an issued provisional permit granted by the department after January 31, 1994 that is in the same source and the rate and volume have not increased.

(25) "Scientific evidence" means geologic, geophysical, geochemical and hydrologic information.

(26) "Specific conductance" means the unit of measurement of water to conduct an electrical current, expressed in mhos (pronounced mose) and reported in millionths of mhos or micromhos. Chemically pure water has a very low electrical conductance, meaning that it is a good insulator.Dissolved chemical constituents increase the conductance of water.

(27) "Substantial credible information" means probable, believable facts sufficient to support a reasonable legal theory upon which the department should proceed with the action requested by the person providing the information.

(28) "Supplement" means a form provided by the BWRRO on which additional information is recorded concerning the development of a well or spring as required by Article IV.

(29) "Well" means any artificial opening or excavation in the ground, however made, by which ground water is sought or can be obtained or through which it flows under natural pressures or is artificially withdrawn.

(30) "Well log report" means Form No. 603, Well Log Report, that is completed by a licensed water well driller or contractor, detailing required information about the completed well.

(31) "Yellowstone controlled ground water area" means the land area around Yellowstone national park that lies within the state of Montana and within the boundaries identified in Appendix 3 of the Compact or as modified pursuant to Article IV, section J.

History: 85-20-401, MCA, Article IV; IMP, 85-20-401, MCA, Article IV. I. 5. ; NEW, 1997 MAR p. 469, Eff. 3/11/97; AMD, 2000 MAR p. 636, Eff. 2/25/00.

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