 |
Controlled ground water areas may be proposed by the Department of Natural Resources and Conservation (DNRC) on its own motion, by petition of a state or local public health agency, or by a petition signed by at least 20 or one-fourth (whichever is less) of ground water users where the petitioners feel a controlled ground water area is necessary. A petition must allege facts showing one or more of the following:
1. |
Ground water withdrawals are in excess of recharge to the aquifer. |
2. |
Excess ground water withdrawals are very likely to occur in the near future because withdrawals have consistently increased in the area. |
3. |
There are significant disputes within the area concerning priority of rights, amounts of water being used, or priority of type of use. |
4. |
Ground water levels or pressures are declining or have declined excessively. |
5. |
Excessive ground water withdrawals would cause contaminant migration. |
6. |
Ground water withdrawals adversely affecting ground water quality are occurring or likely to occur. |
7. |
Water quality within the ground water area is not suited for a specific beneficial use (example: drinking water) defined by MCA 85-2-102(2)(a). |
A controlled ground water area may be designated if any of these criteria are established. It may also be designated to ensure public health, safety, or welfare, if these is wasteful use of water or undue interference with existing wells, or any new well that will impair or interfere with existing water rights.
Upon receipt of a petition, DNRC will notice concerned parties and hold public hearings to gather comments and information. After notice and public hearing, DNRC will issue an order. If the order declares a permanent or temporary controlled ground water area, the order will contain specific control provisions.
Once a controlled ground water area is established, anyone wishing to drill a well must first apply for and receive a Permit for Beneficial Water Use (85-2-508, MCA) from DNRC. This applies to any size and type of appropriation, including wells to be used at less than 35 gallons per minute (GPM) and less than 10 acre-feet per year. Some controlled groundwater areas have additional restrictions.
(Adapted from Montana's Basin Closures and Controlled Groundwater Areas, December, 2001, Water Resources Division, DNRC)
| |
