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(1) The following rules have been devised in the interest of safety and the protection of property, for public health, and as a measure to achieve the fullest possible recreational use of the Helena Valley Equalizing Reservoir. These rules apply to the water surface of the reservoir and to those portions of the surrounding lands which have been specifically reserved for recreational use.

(2) The main purpose of the equalizing reservoir is to impound the waters for irrigation and for domestic water supply for the city of Helena. Accordingly, any person at any time going in or upon the lands or waters thereof, whether as a visitor, hunter, fisherman or windsurfer, shall assume all risks arising or resulting in injury or death to himself or damage to or destruction of property, resulting directly or indirectly, wholly or in part, and from use of said reservoir and lands or appurtenant structures or their construction, operation, and control by the United States or by the commission.

(3) The department may exclude public use or trespass of any kind within designated areas when such action is necessary to protect life, property, or public health, or it may designate any areas which are closed upon orders of the Department of Environmental Quality because of the use of the reservoir for domestic water supply. Such areas shall be posted sufficiently to inform the public.

(4) No boathouse or landing float, pier, or other docking or mooring device shall be installed without a written permit issued by the department or the U.S. Bureau of Reclamation.

(5) Manually operated watercraft and watercraft powered by electric motors only will be allowed on the reservoir. Boat regattas and racing are prohibited on the reservoir.

(6) No swimming or wading is permitted in the reservoir except those persons windsurfing and wearing a wet suit or dry suit in designated areas. Designated areas as posted are closed to all windsurfing near the water outlets.

(7) Hunting and fishing are permitted upon compliance with the laws and regulations prescribed by the state of Montana, but are subject to such additional regulations as may be issued by the United States in order to protect the reservoir or other features. No hunting shall be allowed where it creates a safety hazard in regard to the lives or property of recreational area visitors nor shall hunting or fishing be allowed in an area close to the dam and spillway which shall be marked by buoys.

(8) Use of fireworks or explosives is prohibited.

(9) For regulations on firearms, fires, camping, picnicking, sanitation, vehicle use, disturbance of property, disorderly conduct, pets, and commercial activities, see ARM 12.8.201 et seq. (public use regulations). Other regulations on public use on the reservoir as adopted and posted by the department will apply.

(10) Any person violating any of the foregoing regulations may be ordered to remove his personal property from the reservoir and adjacent lands controlled by the commission or Bureau of Reclamation. In addition, he shall pay penalties as may be provided by law for such infraction of the rules.

History: 87-1-303, MCA; IMP, 23-1-106, 87-1-303, MCA; Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1983 MAR p. 730, Eff. 7/1/83; AMD, 1989 MAR p. 1281, Eff. 9/1/89; TRANS, from ARM 12.6.903, 2001 MAR p. 18, Eff. 1/12/01.

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