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12.11.445    NONFIXED ALLOCATION

(1) If nonfixed allocation is proposed for a river, the department and the commission shall seek input from a citizen advisory committee and the general public regarding the following:

(a) overall amount of use that would be allocated to individual river users or parties of river users; and

(b) the methods used to distribute the opportunities to use the river.

(2) When river allocation is nonfixed:

(a) service providers and their employees may not apply for opportunities to use the river for any reason other than to use the river as a private user; and

(b) the commission may consider exceptions for a nonfixed allocation that allows a river service provider to submit an application form on behalf of a known client as long as that client is present at the time of use.

History: 87 1-301, 87 1 303, MCA; IMP, 87-1-201, 87-1-301, 87-1-303, MCA; NEW, 2004 MAR p. 2718, Eff. 11/5/04.

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