FLOW RATE AND VOLUME

RULE 29(a). Identifying flow rate and volume. Facts and information concerning flow rate and volume for other uses will be identified using information in the claim along with other data gathered by the department. RULE 29(b). Guidelines for claims with a diversion but without a reservoir. The flow rate and volume guidelines for the following types of other uses claims within a basin or subbasin, involving a diversion but not involving a reservoir, will be: 71 (1) All other uses except mining, fire protection, municipal, agricultural spraying. (i) The flow rate guideline will be the capacity of the diversion and conveyance system using information in the claim and other data gathered by the department. (ii) The volume guideline will be identified as that which appears reasonable and customary for the specific purpose using information in the claim and other data gathered by the department. (2) Mining. (i) The flow rate guideline will be the capacity of the diversion and conveyance system using information in the claim and other data gathered by the department. (ii) A volume guideline will not be identified, and a volume will not be decreed. A remark will be added to the water right abstract. Example: THIS RIGHT IS LIMITED TO THE VOLUME OF WATER HISTORICALLY USED FOR MINING PURPOSES. (3) Fire Protection. (i) The flow rate guideline will be the capacity of the diversion and conveyance system using information in the claim and other data gathered by the department. (ii) A volume guideline will not be identified, and no volume will be decreed. A remark will be added to the water right abstract. 72 Example: THE VOLUME OF THIS RIGHT IS LIMITED TO THE MINIMUM AMOUNTS NECESSARY FOR FIRE PROTECTION PURPOSES. (4) Municipal. (i) The flow rate guideline will be the capacity of the diversion and conveyance system using information in the claim and other data gathered by the department. (ii) The volume guideline will be 250 gallons per capita per day. (5) Agricultural Spraying. (i) The flow rate guideline will be the capacity of the diversion and conveyance system using information in the claim and other data gathered by the department. (ii) The volume guideline will be 2 acre-feet per year or 4 acre-feet per year if a reservoir is involved. RULE 29(c). Guidelines for claims with reservoirs. The flow rate guideline and volume guideline for other uses claims with reservoirs will be as follows: (1) for other uses claims involving only water from on- stream reservoirs, a flow rate guideline will not be identified, and a flow rate will not be decreed. The following remark shall be added to the water right abstract: Example: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. 73 (i) For offstream reservoirs the flow rate guideline for storage will be the capacity of the diversion and conveyance system. If there is no information regarding the capacity of the diversion and conveyance system, or the system is shared by more than one claimant, the flow rate guideline will be that which appears reasonable and customary for the specific purpose. (ii) The volume for other uses claims involving reservoirs will be decreed. The volume guideline for these systems will be as follows: acre-feet, it will generally be accepted as claimed; (A) When the claimed volume is less than 15 (B) When the claimed volume is greater than 15 acre-feet, facts and data will be collected by the department following the procedures specified in Rule 10, W.R.C.E.R. The volume guideline will be the maximum storage capacity plus the estimate of evaporation. RULE 29(d). Guidelines for instream use. For all instream other uses claims, other than claims filed by the Montana Department of Fish, Wildlife and Parks on Murphy Right streams as identified under section 85-801, R.C.M. 1947 (1969), the flow rate and volume guidelines will be the minimum amount necessary to sustain the specific purpose using information in the claim and other data gathered by the department. RULE 29(e). Examining flow rate and volume. When the claimed flow rate or claimed volume differs from the guideline for the identified purpose, the department may gather further data and facts in an attempt to determine the actual flow rate or volume for the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. In addition, an on-site visit may be conducted pursuant to Rule 44, W.R.C.E.R. Discrepancies that 74 may require claimant contact or an on-site visit include, but are not limited to: (1) a guideline for flow rate or volume cannot be determined from the available information; (2) the claimed flow rate or claimed volume exceeds the guideline for the identified purpose; or (3) the claimed flow rate or claimed volume appear to be in error, inconsistent or insufficient to satisfy the identified purpose. Rule 29(f). Flow rate and volume for Murphy right claims. For all claims filed by the Montana Department of Fish, Wildlife and Parks on Murphy Right streams as identified under section 85-801, R.C.M. 1947 (1969), the claimed flow rate and volume will be decreed. Rule 29(g). Type of historical right. Changes may be made to the claimed flow rates and claimed volumes for the following types of other uses claims: (1) for other uses claims based on prior decreed rights, no changes to the claimed flow rate will be made; (2) for other uses claims based on filed appropriation or use rights, flow rates will be reduced to the guideline unless: (i) information in the claim file clearly substantiates the claimed flow rate and volume; or (ii) information to support the actual flow rate and volume is obtained through claimant contact. 75 When a claimed flow rate or volume is reduced to the guideline, a remark shall be added to the water right abstract: Examples: THE FLOW RATE OF THIS CLAIM HAS BEEN REDUCED TO THE GUIDELINE OF _____________. THE FLOW RATE MAY BE CONTESTED BY PROPER OBJECTION. THE VOLUME OF THIS CLAIM HAS BEEN REDUCED TO THE GUIDELINE OF _____________. THE VOLUME MAY BE CONTESTED BY PROPER OBJECTION. Rule 29(h). Decree exceeded. When the flow rate of a prior decreed water right has been exceeded by respectively filed claims, the parties involved must be contacted pursuant to Rule 44, W.R.C.E.R. If the parties do not reach agreement among themselves and correct the over claimed flow rate, the issue shall be identified in the department's summary report to the water court. Rule 29(i). Changing flow rate and volume. The claimed flow rate and claimed volume of a water right will not be changed during the department's examination unless: (1) amended by the claimant; (2) clarified by the department; (3) as authorized in this rule; or (4) standardized as to units of measure according to Rule 4, W.R.C.E.R. Rule 29(j). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the flow rate and volume: 76 (1) the claimed or clarified flow rate, or changes authorized by this rule; (2) the claimed or clarified volume, or changes authorized by this rule; (3) identification of unique aspects or features of the flow rate and volume; (4) a notation of changes made during the department's examination; and (5) remarks concerning unresolved issues or questions about the claimed flow rate and volume such as the following situations: (i) the claimed flow rate or volume appears excessive for the purpose; (ii) the claimed volume exceeds the maximum feasible volume when the claimed flow rate cannot deliver the claimed volume during the claimed period of use; or (iii) the claimed flow rate or volume cannot be confirmed.